The International Court of Justice (ICJ) ordered Israel to take all measures within its power to prevent breaches of the Genocide Convention in the Gaza Strip, avoiding any directive on a ceasefire in the Israel-Hamas War. The order was in response to proceedings initiated by South Africa and involved numerous interim measures.
The ICJ outlined provisional measures for Israel, which notably called on the country to punish calls for genocide against Palestinians in Gaza and facilitate the delivery of basic services and humanitarian assistance to residents in the area. The court also asked for evidence related to potential breaches of the Genocide Convention and for Israel to report on its compliance in a month’s time.
The four prerequisites for the ICJ to issue such measures are jurisdiction, standing, plausible existence of the rights to be protected, and urgency of preventing irreparable harm. As both South Africa and Israel are parties to the Genocide Convention and there exists a clear dispute in their interpretation of Israel’s treaty obligations, the court established jurisdiction over the case.
Further measures announced by the ICJ relate to Article II of the Genocide Convention which defines genocide as any acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group.
The scale of the humanitarian disaster in Gaza, including the deaths of over 25,000 people, displacement of 1.7 million and ruination of the region’s medical system, led the court to deem the situation as presenting an urgent risk of irreversible harm and thereby warranted its interim measures.
South Africa, the instigator of the case, claims that Israel’s actions in Gaza constitute genocide, and had called for a ceasefire. Israel, for its defense, rebuffed the allegations, insisting that it has been acting in self-defense.
In the face of the ICJ ruling, international pressure has grown on the United States, a staunch ally of Israel, to respect the decision. Nancy Okail, at the Center for International Policy, voiced the expectation for the U.S. to uphold the principles of justice and international law.
The ICJ’s ruling is not final, and legal proceedings associated with the case are expected to continue.