Policy Brief 27/06/2024
In the ongoing devastating Gaza Conflict, South Africa took the decisive action
of filing a case at the International Court of Justice (“ICJ”) accusing Israel of engaging
in “genocidal acts” in Gaza. The ICJ has issued a series of orders, demanding that
Israel cease any actions that can potentially be classified as genocidal, facilitate the
unhindered delivery of humanitarian aid and permit investigations into alleged war
crimes. Despite the binding nature of these rulings, the ICJ enforcement authority
remains weak and the court primarily relies on voluntary compliance by member
states. Israel’s persistent non-compliance highlights its disregard for the Court’s
authority, complicating international efforts to address the humanitarian crisis in Gaza
and undermining the credibility of international judicial institutions.