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Maldives joins South Africa's case against Israel at ICJ, appoints AG as agent

The Maldives has decided to intervene in the case concerning Israel's actions in violation of the Genocide Convention and has appointed Attorney General Ahmed Usham as the Maldives agent in the case.

Malika Shahid
29 January 2024, MVT 12:04
Principal Secretary to the President on Public Policy, Abdulla Nazim speaks at a press conference held at the President's Office on Sunday, January 28. -- Photo: President's Office.
Malika Shahid
29 January 2024, MVT 12:04

Maldives has decided to intervene in the case brought by South Africa against Israel at the International Court of Justice (ICJ).

During a press conference at the President's Office to communicate the Cabinet's decisions, Principal Secretary to the President on Public Policy, Abdulla Nazim, announced that the government has resolved to intervene in the case concerning actions of Israel in Palestine in violation of the Genocide Convention. Attorney General Ahmed Usham has been appointed as the Maldives agent in the case.

On Friday, the United Nations' top court issued an interim order in the case filed by Africa, directing an immediate halt of Israeli attacks on Gaza. The order is based on allegations that these attacks are believed to be in violation of the Genocide Convention.

The decision to issue the order was made due to concerns that the situation in Gaza could become even more perilous before the court reaches a final decision. Considering the already fragile state of Gaza, the interim order was deemed necessary.

Determining whether Israel's actions constitute a crime of genocide is the second stage of the case. The process of reaching a verdict on this matter, in which Maldives has also joined, may take several years.

While issuing the interim order, Justice Joan Donoghue also directed Israel to submit a report on its actions to the court within a month.

Israel initiated its offensive in Gaza after a surprise attack by Hamas on October 7, resulting in the deaths of 1,140 people and 250 hostages. The attacks, carried out under the pretext of destroying Hamas, have claimed the lives of more than 26,000 people, making it the most severe Israeli assault on Gaza to date.

While member countries are obliged to comply with the ICJ's decisions, the court lacks direct enforcement mechanisms. The ICJ relies on the willingness of the parties involved to adhere to its rulings.

In cases where countries do not comply, the ICJ may rely on diplomatic and political pressure to encourage compliance. The effectiveness of the court's decisions often depends on the international community's support and commitment to upholding the rule of law. As seen in various instances, enforcement challenges can arise when countries choose not to follow ICJ decisions.

As seen in the case of the Russia-Ukraine conflict, despite the ICJ's directive to halt Russia's invasion of Ukraine, the attacks continue.

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