ICC Orders No Provisional Measures in Israel-Gaza Conflict Case

The International Court of Justice (ICJ) has issued an order on the case filed by South Africa against Israel regarding the military operation conducted in Gaza following the October 7, 2023 attack. The court found that the circumstances do not require it to indicate provisional measures at this time.

Background of the Case

The Israeli operation resulted in a large number of deaths and injuries, as well as massive destruction of homes, forcible displacement of the vast majority of the population, and extensive damage to civilian infrastructure. The court also expressed concern over the catastrophic living conditions of Palestinians in Gaza, particularly the prolonged deprivation of food and basic necessities.

ICJ’s Findings and Obligations

The ICJ emphasized that all states parties to the Geneva Conventions are under an obligation to respect and ensure respect for the conventions “in all circumstances.” This includes ensuring that the requirements of the instruments are complied with, even if a state is not directly involved in a specific conflict. The court also reiterated its previous finding that states have an obligation to prevent the commission of genocide.

International Obligations Regarding Arms Transfer

The ICJ highlighted the importance of reminding states of their international obligations regarding the transfer of arms to parties to an armed conflict, to avoid the risk of such arms being used to violate human rights and humanitarian law. Germany, as a state party to the Geneva Conventions, is obligated to ensure that its supply of arms to Israel does not contribute to violations of these conventions.

Next Steps

The ICJ’s order did not prejudice the question of its jurisdiction to deal with the merits of the case or any questions relating to admissibility. The court will continue to consider the arguments presented by Nicaragua and Germany regarding those issues.

Decision and Dissent

The decision was made by a majority vote, with Judge Al-Khasawneh dissenting.