Islanders have pledged to continue meeting on Saturdays on the steps of St Magnus Cathedral, Kirkwall, 1 to 2pm, until there is an immediate ceasefire in Gaza.

The International Court of Justice in The Hague has issued its decision, (26th Jan 24) on the accusation by The Republic of South Africa that the State of Israel is committing Genocide on the People of Gaza.

It states

The Court considers that, with regard to the situation described above, Israel must, in accordance with its obligations under the Genocide Convention, in relation to Palestinians in Gaza, take all measures within its power to prevent the commission of all acts within the scope of Article 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 its physical destruction in whole or in part; and (d) imposing measures intended to prevent births within the group. The Court recalls that these acts fall within the scope of Article of the Convention when they are committed with the intent to destroy in whole or in part a group as such ( see paragraph 44)

44. The Court recalls that, in order for acts to fall within the scope of Article II of the Convention, the intent must be to destroy at least a substantial part of the particular group. That is demanded by the very nature of the crime of genocide since the object and purpose of the Convention as a whole is to prevent the intentional destruction of groups, the part targeted must be significant enough to have an impact on the group as a whole. (Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v . Serbia and Montenegro), Judgment, I.C.J. Reports 2007 ) , p . 126, para. 198.)

The Court further considers that Israel must ensure with immediate effect that its military forces do not commit any of the above-described acts.

The Court is also of the view that Israel must 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.

The Court further considers that Israel must 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.

Israel must also 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 Genocide Convention against members of the Palestinian group in the Gaza Strip

Since war began in Gaza on 7th October 2023 when Israel launched heavy bombardment in response to Hamas-led attacks on Israeli communities that left some 1,200 dead and more than 250 taken hostage, Gaza health authorities have reported that at least 25,700 people have been killed and some 63,740 injured.

President of the ICJ Judge Joan Donoghue said that the World Court was “acutely aware of the extent of the human tragedy unfolding in the region” since war erupted in Gaza and that the court remained “deeply concerned about the continuing loss of life and human suffering”.

The measures in the decision are provisional - a type of temporary injunction – or holding measure ahead of a final decision on the dispute. It is likely to take years before a judgement is reached.

The measures are considered “mandatory for implementation”, but the Court has no means of enforcing them.

Both the State of Israel and the Republic of South Africa are signed up to the Genocide Convention. States which sign up to the Genocide Convention agree “to prevent and to punish the crime of genocide”.

The Genocide Convention came about after the appalling slaughter committed by the Nazis on European Jews in the 1930s and 40s. The USA was one of the first nations to sign, 11th December 1948. The UK ‘acceded’ to the Convention on 30th of January 1970.

There are no safe places for civilians to shelter in Gaza. Thomas White, Deputy Humanitarian Coordinator for the Occupied Palestinian Territory said:

“Persistent attacks on civilian sites in Khan Younis are utterly unacceptable and must stop immediately…Yesterday, [24th Jan] the centre was hit by two shells and caught fire,” and he condemned the “consistent failure to uphold the fundamental principles of international humanitarian law: distinction, proportionality and precautions in carrying out attacks.”

The ICJ ruling on Israel can be downloaded here:

Fiona Grahame