The International Court of Justice (ICJ) has made a landmark initial ruling in South Africa’s legal challenge to Israel’s military offensive in Gaza, acknowledging the risk of genocide in the region. The ruling represents a significant escalation in international pressure on Israeli Prime Minister Benjamin Netanyahu and his chief foreign backer, President Joe Biden. Israel had sought the dismissal of the case, arguing that it lacked jurisdiction and that allegations of genocide were unfounded.
South Africa’s lawyers presented evidence of what they called a pattern of genocidal conduct by Israel, including the killing of thousands of civilians, the destruction of tens of thousands of homes, and the displacement of nearly 2 million Palestinians. They argued that Israeli actions, including the blocking of aid, posed a risk of irreparable damage to the Palestinian population and that Israel was not doing enough to prevent incitement to genocide in the region.
In its ruling, the ICJ found South Africa’s claim of a possible or ongoing genocide in Gaza to be plausible. The court will continue to examine the charges, which could take years due to the high burden of proof required, including evidence of intent. The decision not to dismiss the case means that the question of whether Israeli policy represents genocide will remain open. This is a significant blow for Israel, a Jewish state founded in the aftermath of the Holocaust and deeply committed to accountability for that genocide.
The ruling has broader implications for other countries, particularly the United States. According to international and domestic laws, states have an obligation to prevent genocide from occurring. The former Israeli official suggested that Israel would likely attempt to discredit the court and continue its current path in Gaza. Compliance with the court’s orders is legally binding, and failure to comply could result in punishment in a future proceeding. If Israel stops engaging with the court, the United Nations Security Council could impose sanctions, although the U.S., as a permanent member of the Security Council, has often vetoed actions on behalf of Israel.
The U.S. has faced international criticism for its attempts to shield Israel’s Gaza policy at the Security Council. The U.S. has also sought to deter Switzerland from accepting a Palestinian request for a global conference on violations of the Geneva Conventions, which both Israel and the U.S. are parties to.
It should be noted that the situation is still developing, and updates will be provided as they become available.
