EDITORIAL: ICJ genocide ruling leaves Israel under a dark cloud

The Court implicitly accepted Israel’s right to self-defence but cast doubts on the legal and moral conduct of the war on Hamas.

Israel has escaped having its war against Hamas labelled as genocidal, at least for now.

The interim judgement released by the International Court of Justice (ICJ) on Friday did not find a prima facie case of genocide, a verdict that would have enabled the Court to demand a ceasefire.

But it did find the claim that Israel is engaging in genocidal acts was “plausible”, and it ordered Israel to act to prevent war crimes and alleviate Gaza’s humanitarian crisis.

The ongoing case leaves Israel under a dark cloud, increasingly isolated internationally as it prosecutes a mission to destroy Hamas that is becoming increasingly impossible to conduct morally or to conclude successfully.

That the ICJ did not order a ceasefire is an implied recognition of Israel's right to self-defence in the wake of the Hamas attacks on October 7 last year.

But Israel has been put on notice that the court does not think it is doing enough to protect civilians, who are facing widespread displacement, starvation, and health crises. Blocking humanitarian aid is among the acts that could be labelled genocidal.

ICJ President Judge Joan Donoghue said the court cannot make a final determination right now on South Africa’s allegation that Israel is guilty of genocide. But she said given the deteriorating situation in Gaza, the court has jurisdiction to order measures to protect Gaza's population from further risk.