The ICJ ruling was a victory for Palestinians and for international law. Here are possible avenues for enforcement.
Members of the Palestinian diaspora take part in a pro-Palestinian protest in front of the Alberta legislature on January 28, 2024, in Edmonton, Alberta, Canada.What comes next, now that the International Court of Justice , also known as the World Court, has handed down its nearThe January 26 provisional ruling – which was a landmark victory for the Palestinian people, and indeed, for international law itself — now goes to the United Nations Security Council for enforcement.
The court concluded that “the catastrophic humanitarian situation” in Gaza “is at serious risk of deteriorating further before the Court renders its final judgment.” Moreover, the court said that the right of the Palestinians to be protected against genocidal acts and South Africa’s right to ensure Israel’s compliance with the convention could be safeguarded by provisional measures.
Israel shall take all measures within its power to prevent and punish the direct and public incitement to commit genocide. The court affirmed that “all parties to the conflict in the Gaza Strip are bound by international humanitarian law.” It said it is “gravely concerned about the fate of the hostages abducted during the attack in Israel on 7 October 2023 and held since then by Hamas and other armed groups” and called for “their immediate and unconditional release.”
“Third States are now on notice of the existence of a serious risk of genocide against the Palestinian people in Gaza,” the South African Department of International Relations and Cooperation. “They must, therefore, also act independently and immediately to prevent genocide by Israel and to ensure that they are not themselves in violation of the Genocide Convention, including by aiding or assisting in the commission of genocide.
The documents included summaries of cabinet meetings in late October, in which Netanyahu ordered supplies of aid, water and fuel to be delivered to Gaza. He told the government to determine whether “external actors” could establish hospitals to treat Palestinians in Gaza, and possibly moor a hospital ship off the coast.
In its ruling, the ICJ acknowledged Israel’s claim “that it has taken certain steps to address and alleviate the conditions faced by the population in the Gaza Strip.” But, the court added, “While steps such as these are to be encouraged, they are insufficient to remove the risk that irreparable prejudice will be caused before the Court issues its final decision in the case.”that 12 staff members of the UN Relief and Works Agency were involved in the October 7 attacks by Hamas.
But no matter how the U.S. federal court case goes, the U.S. will undoubtedly continue to face international condemnation for its violation of the Genocide Convention, as well as violation of its own arms transfer policy, in the wake of the ICJ’s provisional decision. The ICJ’s ruling also brings into focus how the U.S. government, which provides an annual $3.
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