International Court of Justice Order of 26 January 2024 for Provisional Measures in South Africa V Israel

As a signatory, Israel is already bound by the 1948 Genocide Convention. The question is whether their actions currently constitute Genocide. The International Court of Justice (ICJ) Order for Provisional Measures makes clear that Israel must abide by the Convention and specifically calls on Israel to ensure it does not commit killing, serious bodily or mental harm, imposition of life conditions to bring about physical destruction or imposing of measures to prevent births with intent to destroy, in whole or in part, a national, ethnical, racial or religious group. The ICJ Order provides yet another leverage point for highlighting the human toll of the Gaza violence. It is a direct outcome of the failure of the UN system, especially the UN Security Council, to respond to the aggression in Gaza. However, in the absence of practical outcomes resulting from the ICJ Order, the Gaza conflict will continue to undermine trust in the international system. Without the political will to halt arms shipments, recognise Palestinian statehood and human rights, an increase in regional instability with potentially apocalyptic outcomes remains.

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