International Law Archive

The ICJ’s middle-ground provisional ruling on whether Israel may be committing genocide in Gaza was not surprising given the specific difficulties of proving genocide. Still, to point out that the ruling falls short of what either party might have wanted would be to miss its wider implications that go far beyond the Gaza conflict.

On Dec. 28, South Africa filed a claim with the International Court of Justice alleging that Israel’s actions in Gaza since Hamas’ attack on Oct. 7 amount to genocide against the Palestinian population. Both Israel and the U.S. have called the case a distraction. They’re right, but not for the reasons they claim.