2024/03/15 by Roßkopf, Ralf
#Gaza #Gaza War #ICJ #International Court of Justice #Israel #Middle East Conflict #Order #Palestine #South Africa
paper · doi:10.57947/qrp.v63i1.128
Expectations and fears were high (Wintour, 2024): Would the International Court of Justice (ICJ) put an end to the Israeli military operation in the Gaza Strip – a reaction to the Simchat Torah Massacre? Would legal means (be able to) stop violence and suffering as well as the looming conflagration? Would Israel be denied self-defense or the population of Gaza denied humanitarian protection? ICJ, Order of 26/1/2024, South Africa v. Israel, General List No. 192, demonstrates the importance and limits of jurisdiction and the danger of its misinterpretation and disregard. It did not stop the fighting. It required compliance with the 1948 Genocide Convention and humanitarian relief, yet it lacks effective enforcement mechanisms. More important is an internationally coordinated and guarded political approach for an immediate truce and a durable solution.