OPT/Israel: PEN International supports the ICJ ruling, continues call for an immediate ceasefire, protection of civilians and release of hostages

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2 February: PEN International welcomes the International Court of Justice’s (ICJ) decision to issue provisional measures intended to prevent genocidal acts, including preventing and punishing the incitement to genocide, guaranteeing the delivery of aid and services to Palestinians under siege in Gaza, and preserving evidence of crimes committed in the region, under the Genocide Convention. The organisation calls on the UN Security Council to order an immediate ceasefire and the end of the siege in Gaza. It further calls on the Israeli authorities to strictly adhere to the ICJ’s measures and end its assault on freedom of expression, including the killing of journalists, communications blackout, and preventing international journalists from entering Gaza.

PEN International reiterates its call for an immediate ceasefire, the protection of civilians and release of all civilian hostages, the lifting of the siege on Gaza, and unrestricted access to humanitarian aid. Additionally, we urge a just resolution to the Israeli-Palestinian conflict, and an end to the Israeli occupation of all Palestinian Territories in accordance with international law.

Responding to the ICJ ruling, Burhan Sonmez, PEN International President, said:

“The UN Security Council should urgently issue a ceasefire order to end this appalling level of human suffering and unprecedented destruction of life in Gaza. States have a legal responsibility to prevent the crime of genocide, and the ICJ ruling should bring an end to the Security Council’s failure to force an end to the hostilities as the first step on the path to peace. States should immediately declare their support of the ICJ’s orders and do their utmost to protect Palestinians in Gaza against the risk of genocide. We condemn the continued siege imposed on Gazans, who face an escalating risk of famine and deadly disease outbreaks, even as aid trucks loaded with essential provisions remain within walking distance.”

Background

On 29 December 2023, South Africa filed an application instituting proceedings against Israel before the ICJ, concerning alleged violations by Israel of its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide in relation to Palestinians in the Gaza Strip. South Africa argued that acts and omissions by Israel following the 7th of October 2023 Hamas’ attacks on Israel, are “genocidal in character” and have been committed “with the requisite specific intent to destroy Palestinians in Gaza as a part of the broader Palestinian national, racial and ethnical group”. South Africa also claimed that “the conduct of Israel — through its State organs, State agents, and other persons and entities acting on its instructions or under its direction, control or influence — in relation to Palestinians in Gaza, is in violation of its obligations under the Genocide Convention”.

On 11 January 2024, the ICJ began a two-day hearing into the arguments made by both South Africa and Israel regarding the details of the deteriorating situation in Gaza, including the mounting civilian death toll and widespread destruction of civilian infrastructure. South Africa demanded that the ICJ indicate provisional measures in order to “protect against further, severe and irreparable harm” to the Palestinian people. Israel denied South Africa’s allegations.

On 26 January, the ICJ delivered its order on the request for the indication of provisional measures, recognising the plausibility of allegations submitted by South Africa and ordering six provisional measures to protect Palestinians against the risk of genocide. 

For more information, please contact Mina Thabet, Head of the MENA Region, at PEN International, email: Mina.Thabet@pen-international.org