Opinion Express View on ICJ ruling against Israel: No looking away
ICJ's interim judgment on Israel's actions in Gaza comes with moral heft, urges international community to do the right thing
Over the course of the last three-and-a-half months of war, allies such as the US and the UK have repeatedly upheld Israel's right to self-defence over accountability for its violation of humanitarian laws. 
The interim judgment by the UN’s International Court of Justice (ICJ) on Israel’s actions in Gaza signals a moral victory for Palestine and those demanding an end to Israel’s retaliatory violence after Hamas’s October 7 attack. Even though the Court stopped short of calling for a ceasefire in embattled Gaza, its interim ruling, endorsed by a majority of its judges, is a strong censure of Israel in the genocide case brought by South AfricaACT PF.
The ICJ stated that “at least some of the acts and omissions alleged by South Africa to have been committed by Israel in Gaza appear to be capable of falling within the provisions of the [Genocide] Convention”, and asked Israel to refrain from, and act against, incitement to genocide and acts of destruction, and ensure distribution of humanitarian aid in Gaza.
The ruling also ordered the immediate repatriation of hostages by Hamas. Since the beginning of the Israeli offensive in October, the Palestinian enclave has witnessed over 25,000 deaths, a majority of them women and children. The war has also made refugees of nearly 85 per cent of Gaza’s population.
While Israel’s compliance with the interim ruling is not mandatory — the Court’s order is legally binding but the ICJ has no enforcement mechanism — it signals an important moment.
Over the course of the last three-and-a-half months of war, allies such as the US and the UK have repeatedly upheld Israel’s right to self-defence over accountability for its violation of humanitarian laws. Soon after October 7, President Joe Biden had participated in an Israeli war cabinet discussion on Israel’s retaliation strategy.
The UK’s foreign secretary had recently dismissed South Africa’s charge of genocide at the ICJ as unhelpful. Both the US and the UK, alongside others, have stopped their funding for the United Nation Relief and Works Agency in Palestine, amid Israel’s charges of complicity against 12 of its staff members in Hamas’s attack on Israel. Even though the final verdict may take years to come, the interim judgment creates a moral pressure on these nations, making it harder for them to look away.
The ICJ’s interim verdict came on the eve of International Holocaust Remembrance Day. In part, the Genocide Convention had come up after World War II as a reaction and possible deterrent to catastrophes such as the Holocaust. It imagined a recalibration of the international community that would uphold human rights and push one another to do the right thing. The ICJ’s ruling might lack enforcement authority but it comes with that moral heft.
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