The International Court of Justice (ICJ) has ruled that it is “plausible” that Israel has committed acts of genocide in its ongoing bombardment of Gaza. The ruling came in response to a case brought against Israel by South Africa, which accused Israel of violating the Genocide Convention. Israel had hoped to have the case thrown out, but the ICJ refused to do so. While the court’s rulings are legally binding, it has no mechanism to enforce its judgments.
The ICJ may take years to issue a final ruling on whether Israel is guilty of genocide. In the meantime, the court ordered Israel to take immediate steps to ensure it is not breaching the convention. The court specified that this includes refraining from killing members of the group that Israel is targeting, but it did not explicitly call for a cease-fire. Some members of Israel’s government have shown contempt for the ruling, with one minister tweeting, “Hague Schmague.”
Omar Shakir, the Israel and Palestine director at Human Rights Watch, called the ruling a “watershed moment” and a “landmark decision.” He emphasized that it puts Israel and its allies on notice that immediate action is needed to prevent genocide and further atrocities against Palestinians in Gaza. Shakir also highlighted the court’s binding provisional measures, which aim to protect the Palestinian people and ensure the provision of humanitarian aid.
The significance of the ruling lies in its affirmation of the severity and urgency of the situation in Gaza and the court’s call for action to prevent and end acts that could amount to genocide. Shakir noted that the Israeli government’s participation in the proceedings underscores its obligation to act under the Genocide Convention. The ruling also challenges the perception of double standards in international humanitarian law and presents an opportunity for states to reaffirm their commitment to international law and institutions like the ICJ.
However, the ruling’s enforcement relies on states’ actions and leverage. The UN Security Council could take action to enforce the decision, but this is unlikely due to the US veto. Shakir called on states, including Israel’s allies, to use all forms of leverage to ensure compliance with the ruling. If Israel fails to comply, it would reinforce its disregard for international law, international justice, and the rules-based international order. In that case, the International Criminal Court’s probe into serious crimes committed in or from Palestine could be another venue for holding individuals accountable for grave abuses.
