Justice Dalveer Bhandari highlighted the huge loss of lives in Gaza as a result of Israel's military campaign in response to the Hamas attack, characterising the situation as a "human catastrophe."
Mohammad Alamullah | Clarion India
NEW DELHI – Justice Dalveer Bhandari, the esteemed Indian judge at The Hague-based International Court of Justice (ICJ), has voted in favour of issuing provisional measures against Israel. The decision aims to prevent genocide against the Palestinians in the Gaza Strip. The world court’s order comes in response to an application filed by South Africa urging Israel to fulfill its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide.
Justice Bhandari, while voting for the measures, also issued a separate declaration to express support for his decision. He began by condemning the attack carried out by Hamas on October 7, 2023.
“First, by way of background, the attacks on civilians in Israel on 7 October 2023 were acts of brutality that must be condemned in the strongest possible terms. It is estimated that 1,200 Israelis lost their lives and 5,500 were wounded and maimed in those attacks.”
Justice Bhandari highlighted the huge loss of lives in Gaza as a result of Israel’s military campaign in response to the Hamas attack, characterising the situation as a “human catastrophe.”
“To date, however, more than 25,000 civilians in Gaza have reportedly lost their lives as a result of Israel’s military campaign in response to those attacks, many of them women and children. Several thousands are reportedly still missing. Tens of thousands of others have reportedly been injured. Dwellings, businesses, and places of worship have been destroyed. It is also reported by United Nations agencies that 26 hospitals and over 200 schools have been damaged. Approximately 85 per cent of Gaza’s population has been displaced as a result of the conflict. The situation in Gaza has turned into a humanitarian catastrophe,” the judge noted.
Justice Bhandari clarified that provisional measures are issued based on a test of plausibility and that the order cannot be construed as a final declaration of guilt. He emphasised that the widespread destruction and loss of life in Gaza must be taken into account.
“…the court is not at this point deciding whether, in fact, such intent existed or exists. All it is deciding is whether rights under the Genocide Convention are plausible. Here, the widespread nature of the military campaign in Gaza, as well as the loss of life, injury, destruction and humanitarian needs following from it — much of which is a matter of public record and has been ongoing since October 2023 — are by themselves capable of supporting a plausibility finding with respect to rights under Article II.
“Taken together and, bearing in mind the lower standards that apply in respect of provisional measures as opposed to the merits, the evidence on the record at this stage in the proceedings is such that, in the circumstances of this case, the Court was justified in granting provisional measures in the terms it did,” Justice Bhandari stated.
Justice Bhandari appealed for an end to all hostilities and the unconditional release of all hostages captured on October 7, 2023.
“Going further, though, all participants in the conflict must ensure that all fighting and hostilities come to an immediate halt and that remaining hostages captured on 7 October 2023 are unconditionally released forthwith.”
Justice Bhandari, first appointed as a judge of the ICJ in 2012 and re-elected in 2017, played a crucial role in the court’s decision to issue the provisional measures:
According to the Gaza Health Ministry, the toll from the war includes 25,105 Palestinians killed and 62,681 wounded, with long-term disabilities. Discrepancies in figures from various sources highlight the complexity of the situation, with the international community closely monitoring the aftermath of the ICJ’s decision.
Justice Bhandari-supported declaration in support of the ICJ’s order on the humanitarian situation in Gazac adds a crucial perspective to the ongoing legal proceedings, emphasising the gravity of the humanitarian crisis in the region. The situation remains intricate, with the international community vigilant in monitoring further developments.
