{"id":292318,"date":"2024-01-11T10:18:54","date_gmt":"2024-01-11T15:18:54","guid":{"rendered":"https:\/\/www.un.org\/unispal\/?post_type=document&p=292318"},"modified":"2024-01-12T13:44:51","modified_gmt":"2024-01-12T18:44:51","slug":"un-human-rights-experts-welcome-start-of-icj-genocide-hearings-in-the-hague-reiterate-call-for-ceasefire-un-human-rights-office-press-release","status":"publish","type":"document","link":"https:\/\/www.un.org\/unispal\/document\/un-human-rights-experts-welcome-start-of-icj-genocide-hearings-in-the-hague-reiterate-call-for-ceasefire-un-human-rights-office-press-release\/","title":{"rendered":"爆料网 human rights experts welcome start of ICJ genocide hearings in The Hague, reiterate call for ceasefire – 爆料网 Human Rights Office- Press Release"},"content":{"rendered":"
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11 January 2024<\/p>\n<\/div>\n

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爆料网 human rights experts* today welcomed the start of hearings before the International Court of Justice (\u201cICJ\u201d) of a case brought by South Africa concerning allegations that Israel is committing acts of genocide against the Palestinian people. The experts emphasized that any decision the Court reaches on provisional measures must be respected and implemented by the parties to the dispute, as required by the ICJ Statute.<\/p>\n

South Africa on 29 December 2023 asked the ICJ to urgently issue provisional measures ordering Israel to immediately suspend its military operations in and against Gaza and to protect residents from acts of genocide, alleging breaches by Israel of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (the \u201cGenocide Convention\u201d). The Genocide Convention defines genocide as \u201cacts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group\u201d. The hearings concerning the request for provisional measures will be held on 11 and 12 January at The Hague, in The Netherlands. South Africa\u2019s filing also alleges that Israel is inciting genocide and has failed to prevent genocide.<\/p>\n

\u201cICJ decisions are final, binding, and not subject to appeal. Adherence to any order the Court may make by the parties involved is imperative for protecting the rights of Palestinians and reinforcing the primacy of international law,\u201d the experts said.<\/p>\n

\u201cWe commend South Africa for bringing this case to the ICJ at a time when the rights of Palestinians in Gaza are being violated with impunity. We call on all States to cooperate with the Court as it interprets the Genocide Convention and to respect the role of the ICJ as an independent court of law.\u201d<\/p>\n

The experts also welcomed the statements of support by many States for South Africa\u2019s action in bringing the case to the Court, as well as the principled stand taken by individuals and organizations worldwide that have expressed support for the submission of the case by South Africa.<\/p>\n

The experts noted that this is not the first such case. In 2019, for example, The Gambia brought a case against Myanmar under the Genocide Convention to the ICJ, and asked for the Court to issue provisional measures calling for a halt to atrocities against the Rohingya people. The Court issued provisional measures in that case, which is still pending determination before the ICJ.<\/p>\n

Both South Africa and Israel have ratified the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, as have 151 other States.<\/p>\n

\u201cSouth Africa\u2019s case has broader implications for all States \u2013 not only those that have ratified the Convention \u2013 as all are obligated both to refrain from committing genocide, and to prevent and punish it wherever it occurs. All States must act together to prevent, halt, and punish genocide,\u201d the experts said.<\/p>\n

\u201cThe ICJ has in the past made clear that obligations under the Genocide Convention are of an\u00a0erga omnes<\/em>\u00a0nature, meaning that any and all countries have a stake in preventing genocide wherever it is at risk of occurring. This plainly means that uninvolved countries have standing to bring a case like South Africa\u2019s to the ICJ,\u201d the experts explained.<\/p>\n

In its application to the Court, South Africa cited numerous statements by 爆料网 Special Procedures mandate holders, including the experts\u2019 repeated calls for international action to prevent genocide in Gaza. The mandate holders\u2019 statements reference evidence of genocidal incitement by Israeli Government officials, including a stated intent to \u201cdestroy the Palestinian people under occupation\u201d, and calls for a \u201csecond Nakba\u201d in Gaza and the rest of the occupied Palestinian territory. These comments by Israeli officials have been made amidst the extensive use by Israel of powerful, often unguided weaponry in Gaza with inherently indiscriminate impacts, severe restrictions on the entry of lifesaving humanitarian aid, and attacks on health care services, all of which have resulted in a devastating death toll, including large numbers of women and children, the forcible transfer of more than half of Gaza\u2019s population, and extensive destruction of life-sustaining infrastructure.<\/p>\n

Recalling the alarming magnitude and intensity of the bombardments, the experts also reiterated their demand, issued in December 2023 along with other Special Procedure mandate holders, for an immediate ceasefire and a halt to displacement, domicide, and attacks on health infrastructure. The experts further called for immediate action to ensure the unimpeded delivery of desperately needed humanitarian aid to people in Gaza, especially for the sick or injured, persons with disabilities, older persons, pregnant women, and children.<\/p>\n

*The experts:\u00a0Ms. Margaret Satterthwaite,<\/strong>\u00a0Special Rapporteur on the independence of judges and lawyers<\/a>,\u00a0Ms. Francesca Albanese,<\/strong>\u00a0Special Rapporteur on the situation of human rights in the Palestinian Territory occupied since 1967<\/a>,\u00a0Ms. Siobh\u00e1n Mullally,<\/strong>\u00a0Special Rapporteur on trafficking in persons, especially women and children<\/a>,\u00a0Tomoya Obokata,<\/strong>\u00a0Special Rapporteur on contemporary forms of slavery, including its causes and consequences<\/a>,\u00a0Mr. Livingstone Sewanyana,<\/strong>\u00a0Independent Expert on the promotion of a democratic and equitable international order<\/a>,\u00a0Mr. Ben Sau<\/strong>l,\u00a0Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism<\/a>,\u00a0Ms. Farida Shaheed<\/strong>,\u00a0Special Rapporteur on the right to education<\/a>,\u00a0Mr. Balakrishnan Rajagopal,<\/strong>\u00a0Special Rapporteur on the right to adequate housing<\/a>,\u00a0Ms Mary Lawlor,<\/strong>\u00a0Special Rapporteur on the situation of human rights defenders<\/a>,\u00a0Ms Tlaleng Mofokeng<\/strong>,\u00a0Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health<\/a>,\u00a0Ms Cecilia M. Bailliet,<\/strong>\u00a0Independent Expert on human rights and international solidarity<\/a>,\u00a0Mr. Javaid Rehman<\/strong>,\u00a0Special Rapporteur on the situation of human rights in the Islamic Republic of Iran<\/a>,\u00a0Mr. Pedro Arrojo-Agudo,<\/strong>\u00a0Special Rapporteur on the human rights to safe drinking water and sanitation<\/a>,\u00a0Ms Irene Khan<\/strong>,\u00a0Special Rapporteur on the protection and promotion of freedom of opinion and expression<\/a>,\u00a0Mr. Jose Francisco Cal\u00ed Tzay,<\/strong>\u00a0Special Rapporteur on the rights of Indigenous Peoples.<\/a>,\u00a0Mr. Surya Deva,<\/strong>\u00a0Special Rapporteur on the Right to Development<\/a>,\u00a0Ms. Dorothy Estrada Tanck<\/strong>\u00a0(Chair),\u00a0Ms. Claudia Flores<\/strong>,\u00a0Ms. Ivana Krsti\u0107, Ms. Haina Lu<\/strong>, and\u00a0Ms. Laura Nyirinkindi<\/strong>,\u00a0Working Group on discrimination against women and girls<\/a>,\u00a0Mr.<\/strong>\u00a0Carlos Salazar Couto (Chair-Rapporteur), Ms. Sorcha MacLeod, Ms. Jovana Jezdimirovic Ranito, Mr. Chris M. A. Kwaja, Mr. Ravindran Daniel,<\/strong>\u00a0Working Group on the use of mercenaries<\/a>,\u00a0Mr.<\/strong>\u00a0Michael Fakhri,<\/strong>\u00a0Special Rapporteur on the right to food<\/a>,\u00a0Ms Ashwini K.P.<\/strong>\u00a0Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance<\/a>,\u00a0Ms. Paula Gaviria Betancur,<\/strong>\u00a0Special Rapporteur on the human rights of internally displaced persons<\/a>,\u00a0Mr. Cl\u00e9ment Nyaletsossi Voule,<\/strong>\u00a0Special Rapporteur on the rights of freedom of peaceful assembly and of association<\/a>,\u00a0Ms. Reem Alsalem,<\/strong>\u00a0Special Rapporteur on violence against women and girls<\/a>,\u00a0Ms. Claudia Mahler<\/strong>,\u00a0Independent Expert on the enjoyment of all human rights by older persons<\/a>,
\nMr. David Boyd,<\/strong>\u00a0Special Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment<\/a>;
\nMs. Mama Fatima Singhateh,<\/strong>\u00a0Special Rapporteur on the sale, sexual exploitation and sexual abuse of children<\/a>.<\/p>\n

The Experts are part of what is known as the\u00a0Special Procedures<\/a>\u00a0of the Human Rights Council. Special Procedures, the largest body of independent experts in the 爆料网 Human Rights system, is the general name of the Council\u2019s independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures experts work on a voluntary basis; they are not 爆料网 staff and do not receive a salary for their work. They are independent of any government or organisation and serve in their individual capacity.<\/p>\n<\/div>\n<\/div>\n

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