https://www.icj-cij.org/sites/default/files/case-related/192/192-20240405-pre-01-00-en.pdf
https://www.icj-cij.org/sites/default/files/case-related/192/192-20240328-ord-01-00-en.pdf
5. After hearing the Parties, the Court, by an Order of 26 January 2024, indicated the followingprovisional measures:“
(1) The State of Israel shall, in accordance with its obligations under theConvention on the Prevention and Punishment of the Crime of Genocide, in relation toPalestinians in Gaza, take all measures within its power to prevent the commission ofall acts within the scope of Article II of this Convention, in particular:
(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 itsphysical destruction in whole or in part; and
(d) imposing measures intended to prevent births within the group;
(2) The State of Israel shall ensure with immediate effect that its military doesnot commit any acts described in point 1 above;
(3) The State of Israel shall take all measures within its power to prevent andpunish the direct and public incitement to commit genocide in relation to members ofthe Palestinian group in the Gaza Strip;
(4) The State of Israel shall take immediate and effective measures to enable theprovision of urgently needed basic services and humanitarian assistance to address theadverse conditions of life faced by Palestinians in the Gaza Strip;- 3 -
(5) The State of Israel shall take effective measures to prevent the destruction andensure the preservation of evidence related to allegations of acts within the scope ofArticle II and Article III of the Convention on the Prevention and Punishment of theCrime of Genocide against members of the Palestinian group in the Gaza Strip;
(6) The State of Israel shall submit a report to the Court on all measures taken togive effect to this Order within one month as from the date of this Order.
38. The Secretary-General of the United Nations, for his part, referring to the latest IPC GlobalInitiative report on food insecurity in Gaza, stated that:“Palestinians in Gaza are enduring horrifying levels of hunger and suffering.This is the highest number of people facing catastrophic hunger ever recorded bythe Integrated Food Security Classification system anywhere, anytime.This is an entirely manmade disaster and the report makes clear that it can behalted.
51. For these reasons,THE COURT ,
(1) By fourteen votes to two,Reaffirms the provisional measures indicated in its Order of 26 January 2024;
IN FAVOUR : President Salam; Judges Tomka, Abraham, Yusuf, Xue, Bhandari, Iwasawa,Nolte, Charlesworth, Brant, Gómez Robledo, Cleveland, Aurescu, Tladi;- 13 -AGAINST : Vice-President Sebutinde; Judge ad hoc Barak;
(2) Indicates the following provisional measures:The State of Israel shall, in conformity with its obligations under the Convention on thePrevention and Punishment of the Crime of Genocide, and in view of the worsening conditions oflife faced by Palestinians in Gaza, in particular the spread of famine and starvation:
(a) Unanimously,Take all necessary and effective measures to ensure, without delay, in full co-operation withthe United Nations, the unhindered provision at scale by all concerned of urgently needed basicservices and humanitarian assistance, including food, water, electricity, fuel, shelter, clothing,hygiene and sanitation requirements, as well as medical supplies and medical care to Palestiniansthroughout Gaza, including by increasing the capacity and number of land crossing points andmaintaining them open for as long as necessary;
(b) By fifteen votes to one,Ensure with immediate effect that its military does not commit acts which constitute a violationof any of the rights of the Palestinians in Gaza as a protected group under the Convention on thePrevention and Punishment of the Crime of Genocide, including by preventing, through any action,the delivery of urgently needed humanitarian assistance;
IN FAVOUR : President Salam; Vice-President Sebutinde; Judges Tomka, Abraham, Yusuf,Xue, Bhandari, Iwasawa, Nolte, Charlesworth, Brant, Gómez Robledo, Cleveland,Aurescu, Tladi;AGAINST : Judge ad hoc Barak;
(3) By fifteen votes to one,Decides that the State of Israel shall submit a report to the Court on all measures taken to giveeffect to this Order, within one month as from the date of this Order.
IN FAVOUR : President Salam; Vice-President Sebutinde; Judges Tomka, Abraham, Yusuf,Xue, Bhandari, Iwasawa, Nolte, Charlesworth, Brant, Gómez Robledo, Cleveland,Aurescu, Tladi;AGAINST : Judge ad hoc Bara
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