The International Court of Justice orders Israel to prevent genocidal acts in Gaza

On Friday, 26 January 2024, the International Court of Justice (ICJ) judges delivered the interim ruling on the ongoing South Africa v. Israel proceeding. 

The Court first declared that it had jurisdiction on the case since Palestinians can be considered a protected group under the Genocide Convention. Moreover, the ICJ agreed that there is enough evidence for the Court to proceed. 

Although the ICJ did not demand an immediate ceasefire of the military operation carried out by Israeli forces, it ordered Israel to “take all measures within its power” to prevent actions that might result in genocide and to allow humanitarian aid to enter the Gaza strip. Moreover, any incitement to commit genocide must be stopped and prevented and all the evidence connected to the genocide allegations must be preserved. 

During her speech, President Joan Donoghue also called for the release of Israeli hostages kidnapped by Hamas during the attack on 7 October. 

In one month, Israel, which denies any act of genocide, shall present in front of the court the measures taken to comply with the ICJ ruling. In this regard, the UN Secretary-General António Guterres called upon Israel to abide by the ICJ provisional ruling since “decisions of the Court are binding.” However, the Court itself has no legal means of enforcing them. 

Even though the decision lacked an explicit request of ceasefire, it reflects the international community’s concerns about the worrying situation in Gaza. 

Last update

29/1/2024