An Indian Judge Justice Dalveer Bhandari at the ICJ Backs the Court’s Decision Against Israel, Citing the Extensive Military Operations in Gaza as Evidence of Possible Genocide. The court has mandated Israel to take measures to halt any potential genocide against Palestinians and increase efforts to protect civilians while conducting military operations against Hamas militants in the Gaza Strip.
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SUMMARY
- Top UN court opens hearings on Gaza genocide allegations
- Hearings focus on request for emergency measures
- Case brought over Israel’s devastating war in Gaza
- Israel says genocide accusations ‘false and baseless’
- Hamas urges World Court to ‘stop the aggression on Gaza’
THE HAGUE: The International Court of Justice (ICJ) has issued provisional measures against Israel, aimed at preventing genocide against Palestinians in the Gaza Strip. This ruling, a significant moment in international law, was supported by Justice Dalveer Bhandari, an esteemed Indian judge at the ICJ.
Justice Bhandari, who has been a part of the ICJ since 2012 and was re-elected in 2017, played a crucial role in this decision. He issued a separate declaration reinforcing his support for the measures against Israel. In his declaration, Justice Bhandari condemned the October 7, 2023, attacks by Hamas against Israeli civilians, describing them as
“acts of brutality that must be condemned in the strongest possible terms.”
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He highlighted the tragic loss of life, with approximately 1,200 Israelis killed and 5,500 wounded.
However, Justice Bhandari also drew attention to the severe humanitarian crisis in Gaza, resulting from Israel’s military response. He noted,
“More than 25,000 civilians in Gaza have reportedly lost their lives as a result of Israel’s military campaign in response to those attacks, many of them women and children.” He emphasized the widespread destruction, including damage to hospitals, schools, and displacement of a significant portion of Gaza’s population, labeling the situation a “humanitarian catastrophe.”
The provisional measures, as explained by Justice Bhandari, are based on a test of plausibility and do not constitute a final declaration of guilt. He stated,
“The Court is not at this point deciding whether, in fact, such intent existed or exists. All it is deciding is whether rights under the Genocide Convention are plausible.”
He further added that the evidence at this stage justified the Court’s decision to grant provisional measures.
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The ICJ’s ruling includes several key directives to Israel
- Israel must take all measures within its power to prevent acts that could lead to genocide, as outlined in the Genocide Convention.
- The Israeli military is instructed to refrain from committing acts that could lead to genocide.
- Israel is required to prevent and punish direct and public incitement to commit genocide against Palestinians in Gaza.
- Israel must ensure the provision of urgently needed basic services and humanitarian assistance to Palestinians in Gaza.
- Israel is directed to take measures to prevent the destruction and ensure the preservation of evidence related to allegations of acts within the scope of the Genocide Convention.
- Israel must submit a report to the Court on all measures taken in compliance with this order within one month.
Justice Bhandari concluded with an appeal for an immediate halt to all hostilities and the unconditional release of all hostages captured on October 7, 2023. This ruling marks a significant step in international efforts to address the ongoing conflict and protect human rights in the region.
Read Justice Bhandari’s declaration–
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