Readers of P&I may recall my earlier papers on the International Criminal Court of Justice (ICJ), and the International Criminal Court (ICC), and their recent forays into the Middle East quagmire. Some may have thought that this is a positive development, perhaps humanity is enlisting international law which will finally bring some common sense to the issue. Some might now be querying whether this optimism was misplaced, and asking, “When am I going to hear something of the Courts’ determinations?”.

Perhaps I should start with a recap.

First there was the reserving by the ICJ of its decision on the South African initiated proceedings asserting breach by Israel of the Genocide Convention. That decision was reserved on 26 January with provisional measures being ordered. The Court has re-assembled twice since then to consider refinement of the provisional orders, but ultimate judgment remains reserved. I don’t think that anyone would argue with the assertion that the provisional measures have done nothing, or at least not much, to restrain Israel’s conduct of its war in Gaza.

Then there was the hearing of the Advisory Opinion Case, whereby the ICJ undertook its duty to answer the request of the General Assembly, made on 30 December 2022, that it advise on “the legal consequences arising from the ongoing violation by Israel of the right of the........

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