ICJ orders Israel to prevent genocidal acts in Palestine
The Hague, Jan 26: The top UN court stopped short Friday of ordering a cease-fire in Gaza but demanded that Israel try to contain death and damage in its military offensive in the tiny coastal enclave.
South Africa, which brought the case, had asked for the court to order Israel to halt its operation.
The top UN Court court decided not to throw out genocide charges against Israel for its military offensive in Gaza, as part of a preliminary decision in a case that goes to the core of one of the world's most intractable conflicts.
South Africa, which brought the case, has asked for the court to order Israel to halt its operation in the tiny coastal enclave.
In the highly anticipated decision made by a panel of 17 judges, the International Court of Justice decided not to throw out the case. The reading of the ruling is ongoing.
"The court is acutely aware of the extent of the human tragedy that is unfolding in the region and is deeply concerned about the continuing loss of life and human suffering," Joan E. Donoghue, the court's president, said.
Friday's decision is only an interim one; it could take years for the full case brought by South Africa to be considered. Israel rejects the genocide accusation and had asked the court to throw the charges out.
While the case winds its way through the court, South Africa has asked the judges "as a matter of extreme urgency" to impose so-called provisional measures to protect Palestinians in Gaza and the court could order those on Friday.
Top of the South African list is a request for the court to order Israel to "immediately suspend its military operations in and against Gaza." It is also asking for Israel to take "reasonable measures" to prevent genocide and allow access for desperately needed aid.
In a statement Thursday, Palestinian Prime Minister Mohammed Shtayyeh said he hoped the decision would "include immediate action to stop the aggression and genocide against our people in the Gaza Strip ... and a rapid flow of relief aid to save the hungry, wounded and sick from the threat of slow death that threatens them."
On Thursday, Israeli government spokesperson Eylon Levy had said that Israel expected the court to toss out the "spurious and specious charges."
Israel often boycotts international tribunals and UN investigations, saying they are unfair and biased. But this time, it took the rare step of sending a high-level legal team a sign of how seriously it regards the case and likely the fear that any court order to halt operations would be a major blow to the country's international standing.
An Israeli official said that Prime Minister Benjamin Netanyahu huddled with top legal, diplomatic and security officials on Thursday in anticipation of the ruling. He said Israel is confident in its case but discussed "all scenarios." The official spoke on condition of anonymity because he was discussing confidential meetings.
Israel launched its massive air and ground assault on Gaza after Hamas members stormed through Israeli communities on October 7 killing some 1,200 people, mainly civilians, and abducting another 250.
The offensive has decimated vast swaths of the territory and driven nearly 85% of its 2.3 million people from their homes.
More than 26,000 Palestinians have been killed, the Health Ministry in the Hamas-run enclave said on Friday. The ministry does not differentiate between combatants and civilians in its death toll, but has said about two-thirds of those killed were women and children.
The Israeli military claims at least 9,000 of those killed in the nearly four-month conflict are Hamas group members.
UN officials have expressed fears that even more people could die from disease, with at least one-quarter of the population facing starvation.
Ahead of the ruling, Marieke de Hoon, an associate professor of international law at the University of Amsterdam, said she thought the court was unlikely to throw the case out since the legal bar South Africa has to clear at this early stage is lower than the one that would be applied for ruling on the merits of the accusation.
"The standard ... is not, has there been genocide? But a lower standard," she said. "Is it plausible that there could have been a risk of genocide that would invoke Israel's responsibility to prevent genocide?"
But De Hoon also did not expect the world court to order an end to Israel's military operation.
"I think that they will shy away from actually calling for a full cease-fire, because I think they will find that beyond their abilities right now," she said in a telephone interview.
Provisional measures by the world court are legally binding, but it is not clear if Israel would comply with any order.
Top Hamas official Osama Hamdan, meanwhile, said his group would abide by a cease-fire if ordered and would be ready to release the hostages it is holding if Israel releases Palestinian prisoners.
How the US, Israel's top ally, responds to any order will be key, since it wields veto power at the UN Security Council and thus could block measures there aimed at forcing Israel's compliance.
The US has said Israel has the right to defend itself, but also spoken about the need for the country to protect civilians in Gaza and allow more aid in.
The genocide case strikes at the national identity of Israel, which was founded as a Jewish state after the Nazi slaughter of 6 million Jews during World War II.
South Africa's own identity is key to it bringing the case. Its governing party, the African National Congress, has long compared Israel's policies in Gaza and the West Bank to its own history under the apartheid regime of white minority rule, which restricted most Black people to "homelands" before ending in 1994.
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I ran to save my life: London-based singer recalls chaos at Messi event in Kolkata
Kolkata (PTI): What was meant to be a once-in-a-lifetime musical tribute to football legend Lionel Messi turned into a harrowing experience for London-based Indian singer Charles Antony, who flew to the country specially to perform at the event at Salt Lake stadium here.
Antony, a Malayali who sings in 18 languages, including Bengali, had composed a special Spanish song for Messi to welcome him in Kolkata, but was not able to sing that as he ran for his life amid chaos during the December 13 event at the Vivekananda Yuba Bharati Krirangan here.
“I ran to save my life,” Antony told PTI, recalling how the celebration descended into mobocracy as crowd control collapsed inside the packed stadium.
Angry fans, many of whom had paid Rs 4,000 to Rs 12,000 — and in some cases up to Rs 20,000 in the black market — ran riot at the venue after failing to get even a glimpse of their favourite superstar from Argentina.
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“I had barely seen him. He was smiling, but it was very clear he was uncomfortable,” Antony vividly recalled, even after 10 days had passed.
Positioned on the running tracks near the gallery, the singer was waiting for Messi to complete his lap around the ground when the situation worsened.
Antony saw Messi, his long-time strike partner Luis Suárez and Argentine teammate Rodrigo De Paul being surrounded by many people.
He noticed water bottles, food packets, stones and metal objects being hurled from the gallery. Equipment was on the verge of being damaged, and panic had set in.
“I was lucky I was not injured, and none of my equipment was damaged,” he said.
The singer said there was confusion over reporting time, with instructions given to reach the venue at both 10.30 am and 9.30 am on December 13 for a sound check, and he had not had the opportunity to visit the stadium the previous day.
Personally invited by now-arrested event organiser Satadru Dutta to sing at the Messi events in Kolkata, Mumbai and New Delhi, Antony had travelled from London and was staying at the Hyatt Hotel here.
Having sung in the presence of Diego Maradona during his visit to Kolkata in 2016, an experience Antony describes as joyous and perfectly managed, the contrast was stark.
“When Maradona came to Kolkata in 2016, I was inside the inner circle. Nothing went wrong then. This time, I was outside the core circle," he said.
Antony said the size of the crowd, on both occasions, was huge.
“This is the first time in my life I saw nearly one lakh people in one place. Luckily, I got the chance to sing a couple of songs at the event. Otherwise, it would have been a waste of travelling all the way from London. And now, I have become the first Indian to sing with Maradona and for Messi," he said.
Antony said people began storming the ground after VVIPs were escorted through an underground exit and former India cricket captain Sourav Ganguly left the stadium.
“That’s when the police told me to run to a safe place,” he said.
With no assistance from anyone, the singer grabbed whatever he could, his guitar, cables, mouth organs, and vocal processors, stuffing them into bags.
“Everyone was worried about the VVIPs. Nobody was concerned about my safety,” he said.
With his access tag still hanging around his neck, Antony felt even more vulnerable on that day.
“People misjudged me as one of the organisers. At one point, my life was under threat,” he said.
Police advised him to move towards the centre of the ground to avoid attacks from the galleries, he said.
Eventually, Antony ran all the way back to the hotel, later shifting to another hotel for safety.
“I had no time to look for anyone else. I ran to save my life,” he said.
In the aftermath, Antony tried repeatedly to contact Satadru Dutta to understand what would happen next, but could not reach him.
“There was complete uncertainty. I was getting very agitated,” he admitted.
He also witnessed the heartbreak of fans.
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“People had come from Meghalaya, Assam, Bengaluru just to see Messi. They couldn’t even see Messi and were very disappointed. and I saw many crying,” he said.
Antony clarified that he did not take any remuneration for the performances. The organisers only covered his travel costs from London and his accommodation in India.
Despite the ordeal, he refused to single out Satadru, the organiser, for mismanagement at the stadium.
“I don’t believe Satadru is solely responsible. He (Satadru) tried his best to stop people from coming close to Messi. But some others, possibly VVIPs, were taking selfies. He was visibly helpless. Everything went out of control,” Antony said.
For the singer, the day remains a painful memory, not just because he couldn’t sing for Messi, but because what should have been a celebration of football turned into a fight for survival.
