“The court did not order a ceasefire, but effectively put Israel on notice over the war.”
The ICJ is the most toothless weapon I’ve ever seen, anyone who says that human rights are not applied selectively are blind. So much for ppl on bos defending Israel for its right to self defence, where r u guys now??
Everyone here seems to have not actually read the ICJ's entire order & reasons and went off topic, so I went and read it.
I think it was quite Palestinian favoured. ICJ seemed to be quite Palestinian leaning even in its consideration of evidence.
What should be noted here is that this was an 'application (for provisional measures)' and not a 'judgement' of whether genocide is occurring. This is simply a matter of legal procedure, and South Africa has yet to proceed to the stage of getting an examination on the merits of the actual case.
Essentially, at this stage, the ICJ is deciding whether or not it should implement protective measures for Gaza, based on if there is plausible infringement of rights under the Genocide Convention (South Africa applied under this convention).
Here, the ICJ found there is plausible violation of rights under the convention and that provisional measures should be implemented. The question then is, at this stage (application), what provisional measures should be exercised to prevent 'irreparable prejudice to the rights caused before the Court gives its final decision.'
The provisional measures chosen by the ICJ directed at Israel can be summarised as - don't kill, don't harm, don't inflict destructive conditions (e.g. blocking water/food), enable basic services/humanitarian aid, don't destroy evidence, punish public genocidal incitement - and provide a report on these measures which is then sent to South Africa.
Now the question is why doesn't the ICJ issue a ceasefire? Simply, it cannot issue one, and clear issues would arise if it did. A ceasefire necessarily requires both sides to stop, and the ICJ does not have jurisdiction over Hamas, which is a non-state actor. ICJ cannot order Hamas into a ceasefire. Similarly, in 1993, Bosnia and Serbia were unable to be ordered into a ceasefire because Bosnian Serbs were non-state actors.