Former ICJ President clarifies court's ruling on South Africa's case against Israel

[Social Media]

 

Former International Court of Justice President Joan Donoghue has clarified the misunderstanding surrounding the court's ruling on South Africa's case against Israel. In an interview with BBC's HARDtalk, Donoghue addressed the misconception that the ICJ had determined a plausible case of genocide against Palestinians.

 

"It did not decide, and this is something where I'm correcting something that's often said in the media. It did not decide that the claim of genocide was plausible."

 

Donoghue emphasized that the court's ruling acknowledged the Palestinians' right to be protected from genocide and recognized South Africa's right to present this claim. However, she clarified that the court did not conclude that the claim of genocide was plausible. Rather, the ruling highlighted the risk to the Palestinian right to be protected from genocide.

 

"The shorthand that often appears, which is that there's a plausible case of genocide, isn't what the court decided."

 

She expressed disappointment with the events that followed the court's order but refrained from commenting on Israel's compliance, as it is currently being addressed by the court. Donoghue noted that she couldn't comment on Israel's report on compliance because it had not been made public, suggesting that lawyers in Israel were in the best position to ensure compliance.

 

Regarding Israel's planned invasion of Rafah, Donoghue explained that the court had not explicitly ruled on military operations in Gaza. While the ongoing operation itself may not violate the court's order, threats of further military action prompted South Africa to seek additional measures from the court.

 

When asked about the impact of Israel's non-compliance on the ICJ's credibility, Donoghue acknowledged that it might raise concerns. However, she emphasized that the international law community typically takes a broader, long-term view of such issues. She highlighted the understanding that courts contribute to addressing problems but cannot solve them entirely, as they are just one part of the broader international infrastructure.

 

Donoghue's remarks shed light on the nuanced nature of the ICJ's ruling and the complexities surrounding compliance with international law in cases of conflict and human rights violations.

 

 

2024-04-27

 

Get our Daily Newsletter - Click HERE to subscribe

 

 

[Bkk Brian]

Can't get much clearer than that:

 

Former President of the International Court of Justice Joan O’Donoghue comments on the ruling of the court regarding South Africa’s allegations against Israel: 

The International Court of Justice“ did not decide that the claim of genocide was plausible.”

 

 

"The short hand that often appears that there is a plausible case of genocide isn't what the Court decided."  It is time for all these @UN_SPExperts and @UN officials to stop spreading misinformation.

 

[Jeff the Chef]

THE COURT,
Indicates the following provisional measures:
(1) By fifteen votes to two,
The State of Israel shall, in accordance with its obligations under the Convention on the
Prevention and Punishment of the Crime of Genocide, in relation to Palestinians in Gaza, take all
measures within its power to prevent the commission of all acts within the scope of Article II of this
Convention, in particular:
- 25 -
(a) killing members of the group;
(b) causing serious bodily or mental harm to members of the group;
(c) deliberately inflicting on the group conditions of life calculated to bring about its physical
destruction in whole or in part; and
(d) imposing measures intended to prevent births within the group;
IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham,
Bennouna, Yusuf, Xue, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth, Brant;
Judge ad hoc Moseneke;
AGAINST: Judge Sebutinde; Judge ad hoc Barak;
(2) By fifteen votes to two,
The State of Israel shall ensure with immediate effect that its military does not commit any
acts described in point 1 above;
IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham,
Bennouna, Yusuf, Xue, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth, Brant;
Judge ad hoc Moseneke;
AGAINST: Judge Sebutinde; Judge ad hoc Barak;
(3) By sixteen votes to one,
The State of Israel shall take all measures within its power to prevent and punish the direct
and public incitement to commit genocide in relation to members of the Palestinian group in the Gaza
Strip;
IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham,
Bennouna, Yusuf, Xue, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth, Brant;
Judges ad hoc Barak, Moseneke;
AGAINST: Judge Sebutinde;
(4) By sixteen votes to one,
The State of Israel shall take immediate and effective measures to enable the provision of
urgently needed basic services and humanitarian assistance to address the adverse conditions of life
faced by Palestinians in the Gaza Strip;
IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham,
Bennouna, Yusuf, Xue, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth, Brant;
Judges ad hoc Barak, Moseneke;
AGAINST: Judge Sebutinde;
- 26 -
(5) By fifteen votes to two,
The State of Israel shall take effective measures to prevent the destruction and ensure the
preservation of evidence related to allegations of acts within the scope of Article II and Article III of
the Convention on the Prevention and Punishment of the Crime of Genocide against members of the
Palestinian group in the Gaza Strip;
IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham,
Bennouna, Yusuf, Xue, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth, Brant;
Judge ad hoc Moseneke;
AGAINST: Judge Sebutinde; Judge ad hoc Barak;
(6) By fifteen votes to two,
The State of Israel shall submit a report to the Court on all measures taken to give effect to
this Order within one month as from the date of this Order.
IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham,
Bennouna, Yusuf, Xue, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth, Brant;
Judge ad hoc Moseneke;
AGAINST: Judge Sebutinde; Judge ad hoc Barak

 

https://www.icj-cij.org/sites/default/files/case-related/192/192-20240126-ord-01-00-en.pdf

[Bkk Brian]

1 minute ago, Jeff the Chef said:

THE COURT,
Indicates the following provisional measures:
(1) By fifteen votes to two,
The State of Israel shall, in accordance with its obligations under the Convention on the
Prevention and Punishment of the Crime of Genocide, in relation to Palestinians in Gaza, take all
measures within its power to prevent the commission of all acts within the scope of Article II of this
Convention, in particular:
- 25 -
(a) killing members of the group;
(b) causing serious bodily or mental harm to members of the group;
(c) deliberately inflicting on the group conditions of life calculated to bring about its physical
destruction in whole or in part; and
(d) imposing measures intended to prevent births within the group;
IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham,
Bennouna, Yusuf, Xue, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth, Brant;
Judge ad hoc Moseneke;
AGAINST: Judge Sebutinde; Judge ad hoc Barak;
(2) By fifteen votes to two,
The State of Israel shall ensure with immediate effect that its military does not commit any
acts described in point 1 above;
IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham,
Bennouna, Yusuf, Xue, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth, Brant;
Judge ad hoc Moseneke;
AGAINST: Judge Sebutinde; Judge ad hoc Barak;
(3) By sixteen votes to one,
The State of Israel shall take all measures within its power to prevent and punish the direct
and public incitement to commit genocide in relation to members of the Palestinian group in the Gaza
Strip;
IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham,
Bennouna, Yusuf, Xue, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth, Brant;
Judges ad hoc Barak, Moseneke;
AGAINST: Judge Sebutinde;
(4) By sixteen votes to one,
The State of Israel shall take immediate and effective measures to enable the provision of
urgently needed basic services and humanitarian assistance to address the adverse conditions of life
faced by Palestinians in the Gaza Strip;
IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham,
Bennouna, Yusuf, Xue, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth, Brant;
Judges ad hoc Barak, Moseneke;
AGAINST: Judge Sebutinde;
- 26 -
(5) By fifteen votes to two,
The State of Israel shall take effective measures to prevent the destruction and ensure the
preservation of evidence related to allegations of acts within the scope of Article II and Article III of
the Convention on the Prevention and Punishment of the Crime of Genocide against members of the
Palestinian group in the Gaza Strip;
IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham,
Bennouna, Yusuf, Xue, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth, Brant;
Judge ad hoc Moseneke;
AGAINST: Judge Sebutinde; Judge ad hoc Barak;
(6) By fifteen votes to two,
The State of Israel shall submit a report to the Court on all measures taken to give effect to
this Order within one month as from the date of this Order.
IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham,
Bennouna, Yusuf, Xue, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth, Brant;
Judge ad hoc Moseneke;
AGAINST: Judge Sebutinde; Judge ad hoc Barak

 

https://www.icj-cij.org/sites/default/files/case-related/192/192-20240126-ord-01-00-en.pdf

Yes, been mentioned numerous times in this topic.

 

https://aseannow.com/topic/1318095-provisional-decision-today-icj-weighs-emergency-measures-amid-allegations-of-genocide-in-gaza

 

This is a new topic to clarify that It did not decide that the claim of genocide was plausible."

 

[Jeff the Chef]

30 minutes ago, Bkk Brian said:

Yes, been mentioned numerous times in this topic.

 

https://aseannow.com/topic/1318095-provisional-decision-today-icj-weighs-emergency-measures-amid-allegations-of-genocide-in-gaza

 

This is a new topic to clarify that It did not decide that the claim of genocide was plausible."

 

 

What was actually ordered by ICJ surely has to be noted, even on a new thread, clearly after reading what the ICJ ordered there is a case of Israel doing wrong, if you take account of Israel's actions since the Order was adopted.

[Bkk Brian]

2 minutes ago, Jeff the Chef said:

 

What was actually ordered by ICJ surely has to be noted, even on a new thread, clearly after reading what the ICJ ordered there is a case of Israel doing wrong, if you take account of Israel's actions since the Order was adopted.

You noted it, but missed out the court also states that Hamas must release all hostages with no pre conditions.

[Jeff the Chef]

14 minutes ago, Bkk Brian said:

You noted it, but missed out the court also states that Hamas must release all hostages with no pre conditions.

 

All there in the link for everyone to see, you're welcome.

[Bkk Brian]

25 minutes ago, Jeff the Chef said:

 

All there in the link for everyone to see, you're welcome.

Back to the topic then