Israel must take steps to prevent genocide in Gaza, the International Court of Justice in the Hague ruled on Friday in a much-anticipated decision after South Africa accused Israel of committing war crimes, but the court’s interim ruling fell short of a direct order to stop the fighting — and could be ignored by Israel anyway.
ICJ President Joan Donoghue said the court was extremely worried about the loss of life and dire humanitarian situation in Gaza and ordered Israel to “take all measures within its power” to prevent genocide.
This includes taking immediate steps to provide basic services and allow humanitarian assistance for Gaza, as well as punishing individuals publicly inciting the commission of genocide against the Palestinian group, Donoghue said.
The court also ordered Israel to report to it within a month on what it is doing to uphold the order, which Donoghue stressed is an international legal obligation for the state.
Notably, the court did not order Israel’s IDF to withdraw from Gaza and end its military operation.
It also instructed Israel to preserve evidence related to allegations of genocide made by South Africa, which brought the case to the court.
The ICJ’s rulings are legally binding, final and cannot be appealed. However, the court has no power to enforce its rulings and there is no guarantee Israel will comply. In theory, formal UN mechanisms like the Security Council could force compliance through sanctions or military means. Yet as a permanent member of the council, the U.S. could veto any resolution. The U.S. has been widely criticized for wielding this power in defense of its ally Israel in both the current conflict and past ones.