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Israel could face further legal action for non-compliance of ICJ ruling

South Africa’s permanent representative to the United Nations, Mathu Joyini, said the country would take further legal action should Israel ignore the provisional measures set out by the International Court of Justice (ICJ).

She was speaking at the UN Committee on the Exercise of the Inalienable Rights of the Palestinian People this week. The meeting saw the adoption of its agenda for 2024, for which the Committee will engage with member states and regional groups to support the realization of the rights and dignities of the Palestinian people. This has become all the more relevant in the face of the current humanitarian crisis in the Gaza Strip.

The ICJ ruled that Israel should take all measures within its power to prevent a genocide in the Gaza Strip. It stopped short of ordering a ceasefire. According to the Hamas Health Ministry, 7,000 people have been killed and 66,000 wounded in Gaza since Israel started it’s military offensive in reaction to the October 7, 2023, attack.

The Permanent Representative of Senegal, Cheikh Niang, who was re-elected to his position as Committee Chair, lamented that the current war between Israel and Hamas spoke to a “collective failure” to realize the rights of the Palestinian people and expressed hope that the Security Council “will hear the many voices” that are calling for a ceasefire.

“It is time to begin to heal the wounds that have been reopened in so many places,” he said as he advocated for a two-state solution, wherein Israel and Palestine would co-exist in peace and security within recognized borders based on the pre-1967 border lines.

Secretary-General António Guterres convened the meeting and delivered the opening statement, beginning with reiterating his condemnation of Hamas and other extremist groups and calling for the safe release of the Israeli hostages while also condemning the ensuing violence that has afflicted the people of Gaza.

“There is no justification for the intentional killing, injuring, torture, or kidnapping of civilians, using sexual violence against them, or launching rockets towards civilian targets,” he said. “At the same time, nothing can justify the collective punishment of the people in Gaza.”

He reiterated his call for an immediate humanitarian ceasefire, warning that the “humanitarian system in Gaza [was] collapsing. The current hostilities have lasted over 120 days, and the casualties and devastation on the Gaza Strip and West Bank stand as a “scar on our shared humanity and conscience.”

Guterres also noted that the recent hostilities in the Red Sea, Iraq, and Syria signal the impact the ongoing violence has on the region and that this could trigger “broader escalation, risking regional stability.”

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