ICJ Issues Interim Measures in Gaza Genocide Case against Israel

The interim ruling requires Israel to adhere to the 1948 Genocide Convention, facilitate increased humanitarian aid to Gaza, and take action against those making genocidal statements.

"The ICJ's findings are binding, rejecting Israel's claim of no jurisdiction for provisional measures," stated the court.

The Palestinian Authority welcomed the ruling, with Foreign Minister Riyadh Maliki emphasizing its significance. Maliki stated, "The ICJ ruling breaks Israel's culture of criminality and impunity."

While the court lacks enforcement power, analysts suggest its directives could influence the Gaza conflict. The ruling doesn't determine if Israel is committing genocide, but Judge Joan Donahue highlighted the "catastrophic situation" in Gaza, necessitating provisional measures.

Impact on Ongoing War:

The ICJ did not order Israel to halt its military campaign in Gaza, contrary to South Africa's request for a cease-and-desist directive. Israel's decision to continue its war does not violate the ICJ's directives.

Israel's Reporting Obligation:

Israel must submit a report within a month, demonstrating compliance with the provisional measures. This requirement subjects Israel's actions to scrutiny, with South Africa having the opportunity to challenge its claims.

Will Israel Follow the Ruling?

Despite initial dismissals by Israeli officials, there may be international pressure on Israel and its backers. While some Israeli politicians express intent to ignore the ICJ order, legal experts anticipate Western allies, including the US, respecting the ruling.

Mark Lattimer, executive director of Ceasefire Centre for Civilian Rights, noted, "It is much harder for the US and European states to ignore the order." Failure to do so could undermine the credibility of the rules-based international order.

Global Pressure for Ceasefire:

While the ruling itself doesn't call for a ceasefire, it may intensify pressure on Israel's allies to support global efforts to end the war. Zaha Hassan, a human rights lawyer, said, "The ICJ ruling puts a lot more pressure on the US and other Western allies to move on a ceasefire resolution."

The ICJ order is seen as a major contribution to creating incentives for a negotiated ceasefire. International pressure is considered crucial to influencing Israel's military actions in Gaza.

US-Israel Relationship:

The US, a significant provider of military aid to Israel, faces scrutiny for its support amid the Gaza war. President Joe Biden's approval of emergency weapons sales to Israel has drawn criticism, raising concerns about US complicity.

The ICJ ruling may contribute to the growing calls for the US to reassess its support and insist on greater accountability for Israeli military actions. The Biden administration's stance on the conflict and arms supply to Israel is under increasing scrutiny both domestically and internationally.

Despite Israel's arguments challenging the ICJ's jurisdiction, Judge Joan Donoghue, the president of the ICJ, asserted that the court has jurisdiction in the matter. She highlighted South Africa's prior statements indicating possible violations of the 1948 Genocide Convention by Israel. Donoghue noted the existing dispute between the parties and emphasized the court's authority to order provisional measures.

The ICJ warned Israel to "take all measures in its power to prevent" acts falling under the Genocide Convention and to "prevent and punish" any incitement to genocide in Gaza. South Africa had accused Israel of committing "genocidal" acts against the Palestinian people.

Israel is mandated to report back to the ICJ within one month on the measures it is undertaking to prevent acts of genocide in Gaza. Donoghue underscored that the ruling imposes international legal obligations on Israel.

The court further ruled that Israel must promptly implement "immediate and effective" measures to ensure the delivery of urgently needed humanitarian aid and basic services to Gaza. The ICJ's decision was hailed by the Hamas resistance movement, which has governed Gaza for the past 16 years.

"The (International) Court of Justice's decision is an important development which contributes to isolating Israel and exposing its crimes in Gaza," stated Hamas in a released statement.