The International Court of Justice: Israel must ensure it does not commit genocide in Gaza

Israel must ensure it does not commit genocide in Gaza. This is the ruling on provisional measures from the International Court of Justice, which on Friday concluded that Israel was in risk of producing irreparable harm to Palestinians in Gaza.

The Court orders Israel to provide humanitarian assistance in Gaza, punish people who incite genocide, and refrain from destroying evidence of genocide. Within a month, Israel must also report back to the court.

"It is a breakthrough and an important progress for international humanitarian law that the case has been filed and is being dealt with by the International Court of Justice," says Peter Vedel Kessing, a senior researcher at the Institute for Human Rights and an international expert in international humanitarian law.

For decades, genocides have unfolded while the international community has had to look on from the sideline. The veto power in the UN Security Council has several times hindered international action when the prohibition against genocide was violated, for example, during the genocide in Rwanda.

Therefore, the case at the International Court of Justice, where South Africa has filed a lawsuit against Israel for committing genocide, is of historic and principled nature:

"The International Court of Justice here provides a legal possibility to act and not just look on while a possible genocide unfolds," explains Peter Vedel Kessing.

The International Court of Justice makes binding decisions that the involved states must comply with and is as such the most important court in the UN system.

South Africa filed a case against Israel for genocide in Gaza

Previously, the International Court of Justice led a quieter existence because only states that were directly involved or had a legal interest in a case could bring it before the court.

Now, all states have the right to raise a case about violations of fundamental rights that affect the entire international community, based on the legal principle of erga omnes, 'towards all.' This is why South Africa is able to file a case against Israel about possible genocide in Gaza, even though South Africa is not part of the conflict.

“All states can file a case to prevent serious abuses against civilians, and the loss of thousands of human lives. The use of erga omnes has revived the International Court of Justice, which has become an international body handling many high-profile cases,” explains Peter Vedel Kessing.

The International Court of Justice can handle cases arising from violations of the conventions on genocide, torture, and racism.

Cases of genocide are extremely difficult to prove because they require evidence that a state directly intended to exterminate a population group. But unlike the Criminal Court, the International Court of Justice does not have to wait until the conflict stops to deal with a case.

As in today's decision, the Court can introduce so-called provisional measures when there is an immediate risk of irreparable harm in a case. Provisional measures only require that it is plausible that genocide is occurring or being incited, and the decision therefore does not require the same high burden of proof as the final decision. Requests for provisional measures are processed within a few weeks as in the current case.