Gaza: Israel

(asked on 30th January 2024) - View Source

Question to the Foreign, Commonwealth & Development Office:

To ask the Minister of State, Foreign, Commonwealth and Development Office, whether he has received legal advice on the implications for his Department's policies of the International Court of Justice’s decision on the request for provisional measures in the case concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel).


Answered by
Andrew Mitchell Portrait
Andrew Mitchell
Minister of State (Foreign, Commonwealth and Development Office) (Minister for Development)
This question was answered on 9th February 2024

We regularly review advice about Israel's capability and commitment to International Humanitarian Law and we act in accordance with that advice. We respect the role and independence of the International Court of Justice (ICJ); however, we have stated that we have considerable concerns about this case, which is not helpful in the goal of achieving a sustainable ceasefire. Israel has the right to defend itself against Hamas in line with IHL, as we have said from the outset. Our view is that Israel's actions in Gaza cannot be described as a genocide, which is why we thought South Africa's decision to bring the case was wrong and provocative. The Court's call for the immediate release of hostages and the need to get more aid into Gaza is a position we have long advocated. We are clear that an immediate pause is now necessary to get aid in and hostages out, and then we want to build towards a sustainable permanent ceasefire, without a return to the fighting.

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