Third States’ Responsibility in Implementing ICJ Measures to Prevent Genocide in Gaza
Side event at the 55th Session of the Human Rights Council, Geneva
Date and Time: Tuesday, 26 March 2024, 11:00AM
Location: Palais des Nations, Geneva (Room XXVII)
Organised by: The Independent Commission for Human Rights – Palestine (ICHR), Law for Palestine (L4P), Human Rights Watch (HRW), and the Arab Network for National Human Rights Institutions (ANNHRI)
On January 26, 2024, the International Court of Justice (ICJ) issued provisional measures (PM) in South Africa’s case alleging that Israel is violating the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. The Court, deeming South Africa’s allegations against Israel plausible, issued legally binding PM, directing Israel to “take all measures within its power to prevent the commission of all acts within the scope of Article II of this [Genocide] Convention.” As per 40 UN experts, Israel’s grave violations against Palestinians since October 7, especially in Gaza, “point to a genocide in the making”.
The Genocide Convention imposes an obligation on all signatories to prevent genocide. On February 26, 2024, Human Rights Watch stated that Israel is not complying with at least one of the binding PM issued by the ICJ in the genocide case. Consequently, it calls on states to use all available leverage, including targeted sanctions and an arms embargo, to compel the Israeli government to comply with the binding order.
This panel discussion aims to unpack the legal obligations on third states as signatories to the Genocide Convention in preventing genocide and implementing the ICJ order on the matter. It will illuminate various ways in which third states can fulfil these obligations and avoid complicity in atrocity crimes. Lastly, the discussion will bring together different actors to explore constructive avenues for engagement in preventing further atrocities and ensuring accountability for grave abuses.
Speakers:
- Francesca Albanese
UN Special Rapporteur on the situation of human rights in the Palestinian Territories occupied since 1967.
- Omar Shakir
Israel and Palestine Director, Middle East and North Africa Division, Human Rights Watch.
- Giulia Pinazauti
Expert in International Criminal Law and International Tribunals – Leiden University
- Rula Shadeed
Palestine Human Rights Advocate – Justice and Accountability for Palestine Initiative, Co-Director for PIPD
Moderator:
Anisha Patel, Board Member and Senior Researcher, Law for Palestine
Opening speech:
Issam Aruri, Commissioner General of ICHR
Sultan H. Al-Jamali, Secretary General of the ANNHRI
