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Here’s Exactly What the International Court of Justice Held About Israel
Supporters of Hamas demonstrating outside the International Court of Justice in The Hague, Netherlands. Photo: Reuters/Jehad Shelbak
Last week, the International Court of Justice (IJC) issued its decision on South Africa’s request for the indication of provisional measures — in effect, an injunction — against Israel in regard to alleged violations of the Genocide Convention in the context of the Israel’s use of force in response to the Oct. 7, 2023, Hamas-led attacks in Israel.
The Court found that it had jurisdiction because South Africa and Israel are parties to the Genocide Convention, but both disagree on the interpretation and application of that Convention in the Gaza context. The Convention provides for ICJ jurisdiction in such circumstances.
The Court reminded the parties that, at this stage of proceedings, its decision is preliminary and without prejudice to final decisions about jurisdiction, facts, and merits. The Court concluded that it had a basis for indicating provisional measures based on the plausibility of South Africa’s claim that Palestinian rights under the Convention might be at risk in Gaza, and that therefore, protective measures were in order. In this connection, the Court found that the Palestinian people were a distinct group within the meaning of the Genocide Convention and thus entitled to protection against genocide. At the same time, the Court noted that it was not obliged to indicate the provisional measures that South Africa had requested.
By majorities from 15-2 to 16-1, the Court then required Israel to take all steps within its power to prevent acts of genocide within the meaning of the Genocide Convention — “killing members of the group [Palestinians], causing serious bodily or mental harm to members of the group; deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; and imposing measures intended to prevent births within the group.” Israel is to prevent and punish “direct and public incitement to commit genocide in relation to members of the Palestinian group in the Gaza Strip.” Israel is to ensure that its armed forces do not commit genocide. Israel is to ensure to the extent it can the provision of humanitarian assistance to the people of Gaza. Israel is to protect evidence of genocide. And Israel is to report within one month from today on its compliance with the Court’s order.
The Court did not explicitly say that its requirements were subject to intent. But the Genocide Convention requires “intent to destroy in whole or in part, a national, ethnical, racial or religious group, as such.” Therefore, one may safely conclude that, so long as Israel does not intend to commit acts that violate the Genocide Convention, conducting military operations in accordance with the laws of war in Gaza or elsewhere is permitted. Unintended civilian deaths that occur in the course of military operations do not constitute either war crimes per se or acts of genocide.
The Court emphasized that its conclusions were based on resolutions, reports, and statements by UN bodies and UN and other officials in the public record. The Court did not take such reports or words as definitive. It emphasized that none of the facts alleged could be independently verified at this time. This statement by the Court applied even to UN estimates of the size of Gaza’s population.
ICJ judges are elected by, and responsive to, the UN General Assembly and Security Council. The ICJ thus is a political body. Its judgments, especially in cases such as the one brought by South Africa, must be understood against this background. As is well known to those who have served in foreign ministries, some judges consult with, and take direction from, their governments prior to issuing decisions.
What did the Court actually do? At bottom, it reminded the parties and the world that “thou shall not commit genocide” and, to the extent of one’s capability, shall protect people at risk of genocide. It reminded all fighters that they are obligated to conform to the laws of war — “international humanitarian law” — something we know that Hamas and its associates do not do. As a matter of international law and Israeli domestic law, including decisions of Israel’s Supreme Court, Israel must comply with IHL and, in the words of Israel’s President quoted by the Court, does so. And the Court called for the unconditional release of the hostages seized by Hamas on Oct. 7, 2023.
The Court thus did not indicate the provisional measures requested by South Africa. These included finding that Israel had breached the Convention and owed the Palestinian people reparations for such breach.
The Court did not find that Israel had violated or was violating the Genocide Convention. Thus, Israel should have no difficulty complying with last week’s order by the ICJ.
Nicholas Rostow is Senior Partner at Zumpano, Patricios & Popok PLLC and Senior Research Scholar at Yale Law School. This article first appeared in Just Security.
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UN Security Council Meets on Iran as Russia, China Push for a Ceasefire
Members of the Security Council cast a vote during a United Nations Security Council meeting on the 3rd anniversary of Russia’s invasion of Ukraine at UN headquarters in New York, US, Feb. 24, 2025. Photo: REUTERS/David Dee Delgado
The U.N. Security Council met on Sunday to discuss US strikes on Iran’s nuclear sites as Russia, China and Pakistan proposed the 15-member body adopt a resolution calling for an immediate and unconditional ceasefire in the Middle East.
It was not immediately clear when it could be put to a vote. The three countries circulated the draft text, said diplomats, and asked members to share their comments by Monday evening. A resolution needs at least nine votes in favor and no vetoes by the United States, France, Britain, Russia or China to pass.
The US is likely to oppose the draft resolution, seen by Reuters, which also condemns attacks on Iran’s nuclear sites and facilities. The text does not name the United States or Israel.
“The bombing of Iranian nuclear facilities by the United States marks a perilous turn in a region that is already reeling,” U.N. Secretary-General Antonio Guterres told the Security Council on Sunday. “We now risk descending into a rathole of retaliation after retaliation.”
“We must act – immediately and decisively – to halt the fighting and return to serious, sustained negotiations on the Iran nuclear program,” Guterres said.
The world awaited Iran’s response on Sunday after President Donald Trump said the US had “obliterated” Tehran’s key nuclear sites, joining Israel in the biggest Western military action against the Islamic Republic since its 1979 revolution.
U.N. nuclear watchdog chief Rafael Grossi told the Security Council that while craters were visible at Iran’s enrichment site buried into a mountain at Fordow, “no one – including the IAEA – is in a position to assess the underground damage.”
Grossi said entrances to tunnels used for the storage of enriched material appear to have been hit at Iran’s sprawling Isfahan nuclear complex, while the fuel enrichment plant at Natanz has been struck again.
“Iran has informed the IAEA there has been no increase in off-site radiation levels at all three sites,” said Grossi, who heads the International Atomic Energy Agency.
Iran requested the U.N. Security Council meeting, calling on the 15-member body “to address this blatant and unlawful act of aggression, to condemn it in the strongest possible terms.”
Israel‘s U.N. Ambassador Danny Danon said in a statement on Sunday that the U.S. and Israel “do not deserve any condemnation, but rather an expression of appreciation and gratitude for making the world a safer place.”
Danon told reporters before the council meeting that it was still early when it came to assessing the impact of the U.S. strikes. When asked if Israel was pursuing regime change in Iran, Danon said: “That’s for the Iranian people to decide, not for us.”
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Israel Rejects Critical EU Report Ahead of Ministers’ Meeting
FILE PHOTO: Smoke rises from Gaza after an explosion, as seen from the Israeli side of the border, June 11, 2025. Photo: REUTERS/Amir Cohen/File Photo
Israel has rejected a European Union report saying it may be breaching human rights obligations in Gaza and the West Bank as a “moral and methodological failure,” according to a document seen by Reuters on Sunday.
The note, sent to EU officials ahead of a foreign ministers’ meeting on Monday, said the report by the bloc’s diplomatic service failed to consider Israel’s challenges and was based on inaccurate information.
“The Foreign Ministry of the State of Israel rejects the document … and finds it to be a complete moral and methodological failure,” the note said, adding that it should be dismissed entirely.
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Pope Leo Urges International Diplomacy to Prevent ‘Irreparable Abyss’
FILE PHOTO: Pope Leo XIV holds a Jubilee audience on the occasion of the Jubilee of Sport, at St. Peter’s Basilica, at the Vatican June 14, 2025. Photo: REUTERS/Yara Nardi/File Photo
Pope Leo on Sunday said the international community must strive to avoid war that risks opening an “irreparable abyss,” and that diplomacy should take the place of conflict.
US forces struck Iran’s three main nuclear sites overnight, joining an Israeli assault in a major new escalation of conflict in the Middle East as Tehran vowed to defend itself.
“Every member of the international community has a moral responsibility: to stop the tragedy of war before it becomes an irreparable abyss,” Pope Leo said during his weekly prayer with pilgrims.
“No armed victory can compensate for the pain of mothers, the fear of children, the stolen future. Let diplomacy silence the weapons, let nations chart their future with peace efforts, not with violence and bloody conflicts,” he added.
“In this dramatic scenario, which includes Israel and Palestine, the daily suffering of the population, especially in Gaza and other territories, risks being forgotten, where the need for adequate humanitarian support is becoming increasingly urgent,” Pope Leo said.
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