Will World Court’s Ruling in Genocide Case Signal the End of International Law?

Peace Advocate January 2024

International Court of Justice judges filing into the courtroom to hear the South African genocde case against Israel, January 11, 2024. Photo: frame capture from ICJ video
International Court of Justice judges filing into the courtroom to hear the South African genocde case against Israel, January 11, 2024. Photo: frame capture from ICJ video

by Michel Moushabeck

This article was originally published in TruthOut

There is very little more we can say that the thousands of reports and images of death, destruction and humanitarian catastrophe in Gaza have not. Israel, without a doubt — its genocide watched globally in real time — has already lost in the court of public opinion. But will the International Court of Justice (ICJ) — the UN’s highest legal organ — find Israel guilty of genocide?

Nearly 30 years ago, the ICJ, also known as the World Court, played an important role in the struggle to end apartheid in South Africa. Today, it is South Africa who has taken the lead in the genocide charge against Israel — a landmark case that would have made Nelson Mandela and Archbishop Desmond Tutu proud.

Over the next several weeks, we shall see if the ICJ will endorse any of the “provisional measures” requested by South Africa, including its call for Israel to immediately suspend its military operations in Gaza. There is also a strong likelihood that the ICJ will succumb to pressure from the U.S., U.K., Germany and other Western nations and let Israel off the hook.

South Africa and Israel each presented arguments at the ICJ on whether Israel is in violation of the Genocide Convention in its war on Gaza. Consistent with past mainstream media reporting that silences pro-Palestinian voices and amplifies pro-Israeli ones, CNNBBC, and others did not livestream South Africa’s submissions to the court on January 11. But on January 12, when the time came for Israel’s reply, mainstream media outlets lined up like ducks in a row and gave it wide coverage, effectively telling viewers only the Israeli government’s side of the story.