Eduardo González
The Spanish Government has welcomed the precautionary measures ordered yesterday by the International Court of Justice (ICJ) to Israel to protect the civilian population of the Gaza Strip and “urgently” facilitate the arrival of humanitarian aid.
“The Government of Spain welcomes the decision of the International Court of Justice, which has ordered several of the provisional measures requested by South Africa in relation to the Gaza crisis,” the Ministry of Foreign Affairs declared in a statement.
“Spain calls on all parties to respect and comply with these measures in their entirety,” the text continues. “The Government fully supports the work of the International Court of Justice,” it adds. “Once again, Spain reiterates its call for an immediate ceasefire, the unconditional release of the hostages, immediate and regular humanitarian access and the need to move towards the materialization of the two-state solution,” it concludes.
“We celebrate the decision of the International Court of Justice and ask the parties to apply the provisional measures that it has decreed,” declared the President of the Government, Pedro Sánchez, through the social network X “We will continue to defend peace and the end of war, the release of hostages, access to humanitarian aid and the establishment of the Palestinian State alongside Israel, so that both nations coexist in peace and security,” he continued.
“In favor of peace and international legality. We support the ICJ and work to stop the spiral of violence,” stated, for his part, the Minister of Foreign Affairs, José Manuel Albares, through the same social network.
Sumar, the party led by the second vice president of the Government, Yolanda Díaz, had clearly taken sides in favor of South Africa’s lawsuit before the International Court of Justice. “The International Court of Justice has recognized what the world has been saying on the streets for months: that it is imperative to immediately stop the barbarity against the Palestinian people,” Yolanda Díaz declared yesterday through the social network X. “Support the South African initiative is to defend International Law,” she added.
The Israeli Embassy in Spain broadcast, through the social network X, a video message from the Israeli Prime Minister, Benjamin Netanyahu, in which he assures that “Israel’s commitment to International Law is unbreakable” and that “equally unbreakable is our sacred commitment.” to continue defending our country and our people.”
“Like every country, Israel has an inherent right to defend itself,” Netanyahu continued. “The vile attempt to deny Israel this fundamental right is blatant discrimination against the Jewish state,” he added. “The accusation of genocide leveled against Israel is not only false, it is outrageous and decent people everywhere should reject it,” he said.
“On the eve of International Holocaust Remembrance Day, as Prime Minister of Israel, I promise again: Never Again,” Netanyahu proclaimed. “Israel will continue to defend itself against Hamas, a genocidal terrorist organization” that, on October 7, “perpetrated the most terrible atrocities against the Jewish people since the Holocaust and promises to repeat these atrocities again and again,” the prime minister continued.
“Our war is against Hamas terrorists, not against Palestinian civilians,” he said. “We will continue to facilitate humanitarian assistance and do everything we can to keep civilians out of harm’s way, even as Hamas uses civilians as human shields. “We will continue to do whatever is necessary to defend our country and defend our people,” Netanyahu concluded.
In another message, the Embassy highlighted that the International Court of Justice has been “gravely concerned about the fate of the kidnapped people who have been in the hands of Hamas since October 7” and has demanded “their immediate and unconditional release.” “The Court considers it necessary to emphasize that all parties to the conflict in the Gaza Strip are subject to international humanitarian law,” added the ICJ judge in the video released by the Embassy.
The ICJ decision
The International Court of Justice, the main judicial body of the UN, has asked the Israeli authorities to adopt “all possible measures” to protect the Palestinian civilian population of the Gaza Strip and to “urgently” guarantee the arrival of humanitarian aid to the region.
According to Judge Joan E. Donoghue, the accusations brought against Israel fall within the scope of the Genocide Convention and, therefore, Palestinians are entitled to protection as a group. Furthermore, the judge has determined that the ICJ has jurisdiction over this case, which upholds South Africa’s right to sue Israel for alleged violation of the Convention and allows the litigation to move forward.
In accordance with the precautionary measures adopted, Israel must inform the Court in The Hague, within one month, about the steps it has taken to comply with the orders, which are mandatory. The ICJ’s rulings are legally binding on all UN member states, but the court lacks its own tools to enforce them, as has been seen with the orders to Russia to end its invasion of Ukraine.
On January 11, South Africa presented its lawsuit against Israel for “genocide” in the Gaza Strip and requested that, pending a verdict on the merits of the matter, provisional measures be imposed. South Africa has had the support of more than 50 countries.
Israel (and the United States) has assured that the demand is “baseless” and has accused South Africa of presenting a “deeply distorted” version of an offensive that, according to Benjamin Netanyahu’s government, is necessary to eradicate an “existential threat.” Likewise, Israel’s lawyers have assured that the war is against Hamas, which controls the Gaza Strip, and “not against the Palestinian people”, and that the harm to civilians and the “undesirable” results typical of any conflict are the responsibility, in this case, from Hamas itself, “an organization that pursues an authentic genocidal agenda.”
