The author is a South African lawyer. She writes in her personal capacity   

ISTANBUL 

The January 26, 2024 preliminary order by the International Court of Justice (ICJ) in the case of South Africa and Israel established that there is a "real and imminent risk of irreparable damage" to some of the rights asserted by South Africa. Whether Israel will comply with the order is an important question to consider as the Israeli government will need to report back to the court within 30 days on the steps it has taken to implement the preliminary measures. In assessing the situation at the current time, it is difficult to imagine how Israel will report back to the court showing that it has taken steps to implement the order. The disrespect for the court and ultimately for the rule of law is disgraceful. The ICJ’s order directed Israel to take action to prevent genocidal violence by its armed forces; "prevent and punish" the incitement to genocide; and ensure that humanitarian aid to Gaza is increased.   

Israel does not implement decision of ICJ

There is no denying that Israel appears to have intensified its attacks since the date of the order. Israel has also targeted several medical facilities in Gaza, including the Nasser Hospital. Instead of halting acts that could constitute genocide under the Genocide Convention, Israel’s military operations have expanded towards Rafah despite Rafah being labeled as a safe zone for civilians.

In respect of facilitating access to humanitarian aid, the United Nations Relief and Works Agency for Palestine Refugees (UNRWA) reported that food convoys have been fired on by Israeli forces. Senior government officials have been publicly calling for the displacement of Palestinians from Gaza. According to news reports, at least 27,000 people have been killed and more than 66,000 wounded in Israeli attacks on Gaza since October 7.

Cumulatively these actions would be in direct contravention of all aspects of the ICJ’s explicit order that Israel ensures that basic services and humanitarian aid reach civilians in Gaza. While the ICJ did not order a cease-fire, there is an expectation of a decline in killings and attacks as well as an increase in access to humanitarian aid into Gaza. This, however, does not appear to have been the case. Quite the opposite is true. This is going to pose a very serious challenge when Israel reports back to the court to record its implementation of the court’s order.  

Impact of third states

The impact of that order should be felt by Israel but also by third states. States will have to consider whether they can continue to provide any kind of assistance to Israel, assistance which could be seen as “complicity” as far as they may be considered to violate the Genocide Convention as they would have obligations in terms of the Convention not to aid and assist any violations by any parties to the Convention. It is important to note that state parties to the Genocide Convention have an obligation to ensure that they do not aid and assist other parties and in addition, they have an obligation to actively prevent the commission of genocide.

Spain has already suspended all arms sales and exports to Israel and at least ten other countries including Türkiye, Bahrain, and Jordan have suspended diplomatic relations. This is a serious and onerous obligation and states who find themselves foul of these obligations may also be hauled before the ICJ and could face a range of sanctions. Israel is by its actions ensuring its isolation in the global community. Third states that continue to support it, may also face similar actions. It may be time for Israel to admit defeat.

*Opinions expressed in this article are the author’s own and do not necessarily reflect the editorial policy of Anadolu.