The International Court of Justice (ICJ), based in The Hague (Netherlands), yesterday ordered Israel to take “all appropriate measures” to “prevent” the materialization of any act that amounts to genocide in the Gaza Strip. However, none of the precautionary measures established by the Hague Court oblige the Israeli Government to end hostilities in Gaza. This was precisely the main emergency measure that South Africa had demanded when it brought the case to court, in which it accused Israel of maintaining a “pattern of genocidal conduct” against the Palestinian people. The ICJ, consequently, made it clear yesterday that it is an institution that is more symbolic than decisive. Because?
The ruling of the International Court of Justice is binding (Israel and South Africa are signatory members), but the court lacks mechanisms to impose its precautionary measures, which explains the failure of the main demand for a ceasefire to be imposed.
The ICJ's final determination of whether Israel commits genocide in Gaza may take years. The International Criminal Court – which focuses on individual cases and is competent in genocide and war crimes – is also investigating it, but Israel does not recognize this court.
The push by South Africa, which yesterday celebrated the ruling, represents a success for the so-called Global South, which observes a double standard between the US, its allies and the prosperous North. Mexico and Chile joined the request to investigate, but in their case, before the International Criminal Court.
The European Union yesterday limited itself to reminding that "the ICJ orders are binding" and "the EU expects their full, immediate and effective implementation." Washington dismissed the allegations before the ICJ as “unfounded” on the eve of the ruling and this was reaffirmed yesterday.
