The International Court of Justice ordered Israel on Jan. 26, 2024, to prevent possible genocide against Palestinians in Gaza. But the court did not call for a cease-fire, as South Africa had requested.
The United Nations’ highest court, based in The Hague, Netherlands, also declined to toss out South Africa’s case against Israel alleging genocide.
South Africa submitted a complaint in December 2023 claiming that Israel is committing genocide against Palestinians in Gaza. South Africa requested the International Court of Justice order the Israeli military to halt its war in Gaza.
Israel argues that its military is trying to minimize civilian harm and that South Africa is trying to both weaponize the term genocide and interfere with Israel’s right of self-defense against Hamas.
The court’s initial ruling on this case, in which it ordered Israel to comply with a total of six provisional measures, does not reflect whether the court will eventually determine that Israel is committing genocide. As history shows, such a ruling could take years to decide.
“Now, in the wake of this ruling, a key question concerns whether and to what extent the Israeli government and military will comply with the provisional measures. A related question concerns how much pressure the U.S. and other Western countries will place on Israel to comply and to limit the scope of civilian harm in Gaza,” said Victor Peskin, a scholar of international relations and human rights.
The Conversation U.S. spoke with Peskin to better understand the potential impacts of South Africa’s genocide complaint against Israel, the impact of the ICJ’s ruling, and the scope of the court’s power.
The International Court of Justice ordered Israel on Jan. 26, 2024, to prevent possible genocide against Palestinians in Gaza. But the court did not call for a cease-fire, as South Africa had requested.
The United Nations’ highest court, based in The Hague, Netherlands, also declined to toss out South Africa’s case against Israel alleging genocide.
South Africa submitted a complaint in December 2023 claiming that Israel is committing genocide against Palestinians in Gaza. South Africa requested the International Court of Justice order the Israeli military to halt its war in Gaza.
Israel argues that its military is trying to minimize civilian harm and that South Africa is trying to both weaponize the term genocide and interfere with Israel’s right of self-defense against Hamas.
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