Internationaler Gerichtshof, Entscheidung über den Antrag Südafrikas auf Anordnung zusätzlicher vorläufiger Maßnahmen wegen der Hungersnot in Gaza

Es werden zusätzliche Maßnahmen zur Sicherstellung der Grundversorgung und humanitärer Hilfe angeordnet.

Hier ist ein Link zu der Entscheidung vom 28.3.2024.

Der Tenor lautet:

THE COURT,

 (1) By fourteen votes to two,

Reaffirms the provisional measures indicated in its Order of 26 January 2024;

IN FAVOUR: President Salam; Judges Tomka, Abraham, Yusuf, Xue, Bhandari, Iwasawa, Nolte, Charlesworth, Brant, Gómez Robledo, Cleveland, Aurescu, Tladi;

AGAINST: Vice-President Sebutinde; Judge ad hoc Barak; 

(2) Indicates the following provisional measures: The State of Israel shall, in conformity with its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, and in view of the worsening conditions of life faced by Palestinians in Gaza, in particular the spread of famine and starvation: 

(a) Unanimously, 

Take all necessary and effective measures to ensure, without delay, in full co-operation with the United Nations, the unhindered provision at scale by all concerned of urgently needed basic services and humanitarian assistance, including food, water, electricity, fuel, shelter, clothing, hygiene and sanitation requirements, as well as medical supplies and medical care to Palestinians throughout Gaza, including by increasing the capacity and number of land crossing points and maintaining them open for as long as necessary; 

(b) By fifteen votes to one,

Ensure with immediate effect that its military does not commit acts which constitute a violation of any of the rights of the Palestinians in Gaza as a protected group under the Convention on the Prevention and Punishment of the Crime of Genocide, including by preventing, through any action, the delivery of urgently needed humanitarian assistance;

IN FAVOUR: President Salam; Vice-President Sebutinde; Judges Tomka, Abraham, Yusuf, Xue, Bhandari, Iwasawa, Nolte, Charlesworth, Brant, Gómez Robledo, Cleveland, Aurescu, Tladi; AGAINST: Judge ad hoc Barak; 

(3) By fifteen votes to one, 

Decides that the State of Israel shall submit a report to the Court on all measures taken to give effect to this Order, within one month as from the date of this Order. 

IN FAVOUR: President Salam; Vice-President Sebutinde; Judges Tomka, Abraham, Yusuf, Xue, Bhandari, Iwasawa, Nolte, Charlesworth, Brant, Gómez Robledo, Cleveland, Aurescu, Tladi; AGAINST: Judge ad hoc Barak.

Etliche Richter haben der Entscheidung eigene Überlegungen beigefügt.

Erklärung des Präsidenten Salam (Libanon)

Auszug: "11. It remains that these new measures ordered by the Court can only take full effect if the “immediate ceasefire for the month of Ramadan” demanded by the Security Council in its resolution 2728 (2024) of 25 March 2024 prior to the issuance of this Order, and which the Court took note of (see paragraph 37), is duly and fully respected by all the parties “and leads to a lasting sustainable ceasefire”."

Erklärung des Richters Jusuf (Somalia)

Auszug: "7. Such an order by the Court issued under the Genocide Convention, calling on a State to “ensure with immediate effect that its military does not commit” any of the acts enumerated under Article II of the Convention, is tantamount, in terms of the application and fulfilment of the Convention, to an injunction to bring to an end any military operations which may contribute to the commission of such acts. Indeed, the prevention of genocidal acts under the Convention, in particular as a conservatory measure, involves the suspension or termination of any actions undertaken by a State in its territory or in the territory of others which might have contributed to the existence of indicia of genocidal activity."

Gemeinsame Erklärung der Richter Xue, Brant, Gómez Robledo und Tladi (China, Brasilien, Mexico, Südafrika)

Auszug: "1. (...) Although we all voted in favour of subparagraph (2) (b) of the dispositif, we deeply regret that this measure does not directly and explicitly order Israel to suspend its military operations for the purpose of addressing the current catastrophic humanitarian situation in Gaza."

Erklärung des Richters Nolte (Deutschland)

Auszug: "6. (...). In my view, the circumstances which are described in the present Order go beyond what the Court in its Order of 26 January 2024 considered as being encompassed in the “serious risk of deteriorating further” (para. 72). They rather constitute a qualitative change of the situation which is exceptional. These circumstances also reflect a plausible risk of a violation of relevant rights under the Genocide Convention."

Erklärung des Richters Charlesworth (Australien)

Auszug: "8. (...) While it is Israel’s conduct that is in issue before the Court, it does not follow that South Africa has no role to play in preserving the rights in dispute. After all, invocation of responsibility for the breach of erga omnes obligations carries duties with it. In my view it is open to the Court to order both Israel and South Africa to take all reasonable measures within their power to achieve an immediate and sustained humanitarian ceasefire, which would serve to preserve the rights in dispute between them."

Gesonderte Erklärung des Richters Barak (Israel)

Auszug: "11. I will focus on three fatal flaws in the Order issued by the Court: (1) there is no “change in the situation” that justifies the modification of the Order of 26 January 2024; (2) the conditions for the indication of provisional measures are not met, in particular, because there is no intent and no link between the new measures indicated and any plausible rights under the Genocide Convention; (3) the Court has inadequately dealt with evidence."