اختصاص محكمة العدل الدولية في قضية "تطبيق اتفاقية منع جريمة الإبادة الجماعية والمعاقبة عليها في قطاع غزة"

Abstract

Genocide

is one of the most serious international crimes as it aims to destroy a national, racial, religious or ethnic group in whole or in part. Therefore, its criminalization is considered within the international customary rules and was approved by the Convention on the Prevention and Punishment of the Crime of Genocide of 1948, Article (9) of which referred to the International Court of Justice the powers to interpret or apply the provisions of the Convention, including those related to the responsibility of a state for committing, conspiring, inciting or attempting to commit genocide, through the court’s powers to make final decisions in lawsuits and issue legal opinions on the issues presented to it, as well as its power to take interim measures to protect the rights of either party and prevent the parties from any actions that cause irreparable damage that empty the final judgment of its true content or make it unenforceable, and prevent the escalation or expansion of the conflict, as well as preventing any action that could hinder the collection or destruction of evidence, as in the case that was submitted to the court in late 2023 in which it was accused Israel's failure to abide by the provisions of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, during which it requested the adoption of several interim measures to oblige Israel to immediately suspend its military operations in Gaza, and to take the necessary measures to prevent the commission of any of the acts of genocide mentioned in the Convention, as the Palestinian issue is the most difficult test of the ability of the international legal system to protect international peace and security from repeated and ongoing violations by Israel and the United States, to the point of threatening international judges officially and publicly, which requires searching for deterrent rules and provisions for those accused of committing crimes of genocide and providing adequate protection for the victims of those crimes.