Australian international court judge calls for Israel to suspend Gaza military operation

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Hilary Charlesworth further explains ruling calling on Israel to permit aid deliveries to Palestinians, saying ICJ was too ‘opaque’ in its wording

Hilary Charlesworth, an Australian judge on the UN’s international court of justice, has called for Israel to suspend its military operations in Gaza.Hilary Charlesworth, an Australian judge on the UN’s international court of justice, has called for Israel to suspend its military operations in Gaza.She is the only Australian woman to have served on the international court of justice.

But Charlesworth, who has a doctor of juridical science from Harvard Law School, said this “elliptical” phrasing was “drafted in such opaque terms that it fails to provide clear guidance to the parties”. Charlesworth noted that the ICJ did not have power to order measures directed at entities not bound by its statute – a likely reference to Hamas – but said South Africa also had responsibilities given it had brought the legal dispute before the court.

In January the ICJ issued a provisional ruling that Palestinians in the Gaza Strip had a “plausible” right to be protected from acts of genocide, and it ordered Israel to “take all measures within its power to prevent the commission” of genocidal acts. Rita Jabri Markwell, a lawyer with the Australian Muslim Advocacy Network, said it was significant that Charlesworth had indicated Israel should explicitly be ordered to suspend its military operations.

 

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