On January 26, 2024, the judges at the International Court of Justice (ICJ) released their 29-page order that found “plausible” (paragraph 54) evidence that Israel was conducting a genocide against the Palestinians of Gaza. The court intervened in that war due to South Africa’s application that Israel had violated its obligations to the Convention on the Prevention and Punishment of the Crime of Genocide (1948). South Africa came to the ICJ two months and three weeks into Israel’s brutal military bombardment against the Palestinians. The 84-page indictment from South Africa, presented to the ICJ on December 29, 2023, included statements made by Israel’s high officials calling for the total annihilation of the “human savages” in Gaza and included details of how Israel was acting on such statements.

The ICJ agreed with South Africa’s claims and called upon Israel to “take all measures within its power to prevent the commission of all acts” that are genocidal (paragraph 78). The order is not a final verdict since there was no trial. These are “provisional measures.” It would take the ICJ several years to adjudicate whether Israel is actually committing genocide against the Palestinians. The ICJ did not directly call for a ceasefire or a “cessation of hostilities” (as it had done in March 2022, when it ordered Russia to “suspend the military operations”). However, it is hard to read paragraph 78 in any other way than that it calls on Israel to silence its guns.

Twenty years ago, the ICJ studied the building of a wall around the West Bank in the Occupied Palestinian Territory (OPT). In July 2004, the ICJ foundthat “the construction of the wall by Israel… is contrary to international law.” There has been a relentless battle over the jurisdiction of the ICJ to rule over Israel’s behavior in the OPT, including in 2022 when a legal opinion was sought by several states over the finding of a UN Human Rights Council commission of inquiry chaired by the South African judge Navi Pillay. Pillay’s report found “reasonable grounds to conclude that the Israeli occupation of Palestinian territory is now unlawful under international law due to its permanence and the Israeli government’s de-facto........

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