The order, aside from jurisdiction and standing, makes two significant findings: that the humanitarian condition may likely deteriorate before there is a finding on the merits, leading to irreparable harm of the rights South Africa seeks to vitiate; and the second is that some of the allegations of proven could plausibly meet the definition of genocide or related crimes. That’s Paragraphs 54 and 72. That’s good enough for a preliminary injunctive order in any court.
Obviously you disagree but I think Israel is already in compliance with the order. Humanitarian corridors are open. Food is rolling in. Medicine rolling in. Bombings have slowed down. Civilian casualties have dropped off. Whether Israel is in compliance is not a factor in ordering the provisional measures. It only adopted a few of the numerous measures South Africa sought.
One major fact noted is that Israel is investigating and prosecuting its own citizens who have called for “extermination of Palestinians” and the like, for the crime of incitement. The Court commends Israel for doing so.
On the other hand, in Paragraph 82 they call on Hamas to release all hostages unconditionally. Obviously, Hamas will not comply.
“I’ll bet Israel is already in compliance with it.” They aren’t. Which is why the court needed to issue preliminary orders at all.
The order, aside from jurisdiction and standing, makes two significant findings: that the humanitarian condition may likely deteriorate before there is a finding on the merits, leading to irreparable harm of the rights South Africa seeks to vitiate; and the second is that some of the allegations of proven could plausibly meet the definition of genocide or related crimes. That’s Paragraphs 54 and 72. That’s good enough for a preliminary injunctive order in any court.
Obviously you disagree but I think Israel is already in compliance with the order. Humanitarian corridors are open. Food is rolling in. Medicine rolling in. Bombings have slowed down. Civilian casualties have dropped off. Whether Israel is in compliance is not a factor in ordering the provisional measures. It only adopted a few of the numerous measures South Africa sought.
One major fact noted is that Israel is investigating and prosecuting its own citizens who have called for “extermination of Palestinians” and the like, for the crime of incitement. The Court commends Israel for doing so.
On the other hand, in Paragraph 82 they call on Hamas to release all hostages unconditionally. Obviously, Hamas will not comply.