Even without a ceasefire, the top UN court’s orders are a warning to Israel.
The International Court of Justice ruled Friday that Israel must increase its efforts to protect Palestinians and provide humanitarian aid to Gaza, though it did not call for an immediate ceasefire.
The ruling comes as part of a case South Africa brought against the Middle Eastern country, accusing it of committing genocide against the Palestinian people in its war in Gaza, which Israel launched in response to an October 7 attack by Hamas, the militant and political group that governs Gaza. The question of whether Israel is committing genocide remains open — proceedings in the case could continue for years — but South Africa had requested the court put a stop to the fighting as it weighs that possibility.
It doesn’t provide that injunction. But importantly, the court affirmed in Friday’s ruling that the court would still be hearing the genocide case, rather than dismissing it as Israel requested. And the Friday decision indicates the court believes Israel isn’t doing enough to prevent genocide against Palestinian people, nor is it sufficiently punishing incitement to genocide.
Still, the court’s decision indicates that the body finds it possible genocide is occurring or could in the future.
The six measures the ICJ issued are legally binding, meaning that under its treaty obligations under the 1948 Genocide Convention, Israel must do more to protect Palestinian civilians and prevent genocide. There would be few, if any, consequences if it ignores the ruling — as National Security Minister Itamar Ben-Gvir suggested Israel do — because the enforcement mechanism for the court’s orders is the notoriously political UN Security Council, in which the US, Israel’s strongest ally, has a permanent veto.
In short, the Friday ruling isn’t a clear victory for either side — but does suggest that South Africa’s claims are plausible. While little will likely change on the ground in the near term, the court’s decision has reinvigorated debate over the place of international law in conflict and imposed some boundaries on Israel’s prosecution of this war.
Israeli Prime Minister Benjamin Netanyahu responded to the interim ruling in a video message, the English version of which reiterates that Israel has a right to defend itself and calls South Africa’s request for a ceasefire “vile” and “blatant discrimination against the Jewish state” while insisting that “Israel’s commitment to international law is unwavering” and that it will continue to facilitate humanitarian aid to Gaza. However, as Times of Israel journalist Amy Spiro noted on X, his Hebrew message made no such promise.
South Africa suggested that the best way for Israel to comply with the court would be to stop its Gaza operations. “I believe that in exercising the order, there would have to be a ceasefire,” South African Foreign Minister Naledi Pandor said during a news conference following the announcement.
