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What Happens Now That the ICJ Has Ordered Israel Not to Engage in Genocide?

The ICJ ruling was a victory for Palestinians and for international law. Here are possible avenues for enforcement.

By Marjorie Cohn , TRUTHOUT, January 29, 2024

What comes next, now that the International Court of Justice (ICJ), also known as the World Court, has handed down its near unanimous ruling that South Africa presented a “plausible” case that Israel was violating the Genocide Convention?

The 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. It would be within the Security Council’s purview to order economic or trade sanctions, arms embargoes, travel bans or even military force.

But in the likely event that the United States vetoes enforcement measures from the Security Council, the UN General Assembly can still act independently in materially significant ways.

The ICJ’s final decision in this case could take several years. But given the urgency of the mass death and humanitarian crisis currently unfolding, the court has in the meantime ordered six “provisional measures” to protect the Palestinians in Gaza from genocidal acts while the court finishes considering the merits of the case.

In its ruling, the court said it is “acutely aware of the extent of the human tragedy that is unfolding in the region and is deeply concerned about the continuing loss of life and human suffering.” It described the civilian population in Gaza as “extremely vulnerable,” noting “tens of thousands of deaths and injuries and the destruction of homes, schools, medical facilities and other vital infrastructure, as well as displacement on a massive scale.” The court added that the “operation is ongoing” and that Israeli Prime Minister Benjamin Netanyahu had stated it “will take many more long months.” The court noted, “At present, many Palestinians in the Gaza Strip have no access to the most basic foodstuffs, potable water, electricity, essential medicines or heating.”

Provisional Measures the ICJ Has Ordered Israel to Immediately Implement

The ICJ ordered Israel not to commit genocidal acts against Palestinians in Gaza immediately, even as the ICJ continues its slow process of officially considering the merits of the genocide case.

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 (as a party to the Genocide Convention) to ensure Israel’s compliance with the convention could be safeguarded by provisional measures.

The ICJ found “a real and imminent risk that irreparable prejudice will be caused to the rights found by the Court to be plausible.” The court wrote, “It is therefore necessary, pending its final decision, for the Court to indicate certain measures in order to protect the rights claimed by South Africa that the Court has found to be plausible.” They are:

1. Israel shall take all measures within its power to prevent the commission of all genocidal acts, particularly (a) killing members of the group; (b) causing serious bodily or mental harm to members of the group; (c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; and (d) imposing measures intended to prevent births within the group.
2. Israel shall ensure with immediate effect that its military does not commit any acts described in point 1 above.
3. Israel shall take all measures within its power to prevent and punish the direct and public incitement to commit genocide.
4. Israel shall take immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance to address the adverse conditions of life faced by Palestinians in Gaza.
5. Israel shall take effective measures to prevent the destruction and ensure the preservation of evidence.
6. Israel shall submit a report to the Court on all measures taken to give effect to this Order within one month from the date of this Order.

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.”

Votes on the provisional measures were 15-2 or 16-1. Ugandan Judge Julia Sebutinde dissented from all of them. Israeli ad hoc Judge Aharon Barak dissented from all except the measures requiring Israel to prevent and punish incitement to commit genocide and to allow humanitarian aid into Gaza.

Now that the ICJ has ordered provisional measures, how will its order be enforced?

Actions the UN General Assembly Can Take If US Vetoes Enforcement by Security Council

If the U.S. vetoes enforcement actions via the Security Council, the General Assembly can convene under Uniting for Peace, a resolution passed by the General Assembly to bypass the Soviet Union’s veto during the Korean War. The General Assembly can recommend that its member states impose arms and trade embargoes on Israel and organize a military force to intervene in Gaza. The General Assembly could also suspend Israel from its ranks. These decisions would require a vote of two-thirds of the 193 member states of the General Assembly…………………………………………………………………………………………………………………………………more https://truthout.org/articles/what-happens-now-that-the-icj-has-ordered-israel-not-to-engage-in-genocide/#:~:text=The%20General%20Assembly%20can%20recommend,states%20of%20the%20General%20Assembly.

February 1, 2024 - Posted by Christina Macpherson | Legal, politics international