The pivotal function of international law is to hold states accountable. The historic decision of the International Court of Justice (ICJ) against Israel must be seen in this light. This dispute arose after South Africa moved the ICJ, alleging that Israel’s offensive military action in Gaza had resulted in the genocide of the Palestinian people, as defined in Article II of the Genocide Convention, 1948. While the ICJ is yet to rule on whether Israel is committing or has committed genocide in Gaza, it did indicate provisional measures, that is, issued an interim order to protect the rights of the parties under the Genocide Convention till the time it decides the issue on merits. At this stage, the ICJ has ruled that it was plausible that Israel was committing genocide in Gaza. Echoing how precarious things are, the ICJ said that the humanitarian situation in Gaza is “catastrophic”, with more than 25,000 Palestinians dead.
OPINION | The issue of genocide and the world court
