Tuesday, April 30, 2024

"Moreover, the Court considers it particularly important to remind all States of their international obligations relating to the transfer of arms to parties to an armed conflict, in order to avoid the risk that such arms might be used to violate the above-mentioned Conventions. "

Established in 1945 by the UN Charter, the International Court of Justice began work in 1946

30 April 2024 "The Court recalls that, in its Order of 26 January 2024 in the case concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel), it noted that the military operation conducted by Israel following the attack of 7 October 2023 had resulted in "a large number of deaths and injuries, as well as the massive destruction of homes, the forcible displacement of the vast majority of the population, and extensive damage to civilian infrastructure". 

In addition, the Court remains deeply concerned about the catastrophic living conditions of the Palestinians in the Gaza Strip, in particular in view of the prolonged and widespread deprivation of food and other basic necessities to which they have been subjected, as acknowledged by the Court in its Order of 28 March 2024 rendered in the same case. 

The Court further recalls that, pursuant to common Article 1 of the Geneva Conventions, all States parties are under an obligation "to respect and to ensure respect" for the Conventions "in all circumstances". It follows from that provision that every State party to these Conventions, whether or not it is a party to a specific conflict, is under an obligation to ensure that the requirements of the instruments in question are complied with. Such an obligation does not derive only from the Conventions themselves, but from the general principles of humanitarian law to which the Conventions merely give specific expression. 

With regard to the Genocide Convention, the Court has had the opportunity to observe that the obligation to prevent the commission of the crime of genocide, pursuant to Article I, requires States parties that are aware, or that should normally have been aware, of the serious risk that acts of genocide would have been committed, to employ all means reasonably available to them to prevent genocide so far as possible. Further, States parties are bound by the Genocide Convention not to commit any other acts enumerated in Article III. 

Moreover, the Court considers it particularly important to remind all States of their international obligations relating to the transfer of arms to parties to an armed conflict, in order to avoid the risk that such arms might be used to violate the above-mentioned Conventions. All these obligations are incumbent upon Germany as a State party to the said Conventions in its supply of arms to Israel."

https://www.icj-cij.org/sites/default/files/case-related/193/193-20240430-sum-01-00-en.pdf

Unofficial Summary (so far) 30 April 2024

 INTERNATIONAL COURT OF JUSTICE
Peace Palace, Carnegieplein 2, 2517 KJ The Hague, Netherlands

~~~~~~~~~

The UN Charter mandates the UN and its member states to maintain international peace and security, uphold international law, achieve "higher standards of living" for their citizens, address "economic, social, health, and related problems", and promote "universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion".

Article 9 of the Geneva Convention specified the Red Cross has the right to assist the wounded and sick and provide humanitarian aid. Article 12 stipulated the wounded and sick must not be murdered, tortured, exterminated or exposed to biological experiments.  https://www.history.com/topics/world-war-ii/geneva-convention

https://www.icrc.org/en/doc/assets/files/publications/icrc-002-0173.pdf

Article 50
The Occupying Power shall, with the co-operation of the national and local
authorities, facilitate the proper working of all institutions devoted to the care
and education of children.

No comments:

Post a Comment