Prof. Fionnuala Ní Aoláin Writes in Just Security on Int’l Court of Justice Ruling on Israel Gaza Operations (South Africa v Israel, Genocide Convention Case)

Just Security asked several leading experts, including Professor Fionnuala Ní Aoláin, to provide their views on the judicial order from the International Court of Justice on the South Africa v Israel Genocide Convention Case. The court ordered ordered Israel to take measures to prevent and punish direct incitement of genocide in its war in Gaza, although it stopped short of ordering a ceasefire. Professor Ní Aoláin wrote in part, “This decision by the ICJ will be assessed by many on a particular ‘bottom line,’ namely whether or not the word ‘ceasefire’ has been used in the text of the judgement. That is the wrong test. Instead, the powerful and all-encompassing phase ‘take all measures within [its] power’ leads to the conclusion that the State of Israel must in fact fundamentally reassess and revisit its conduct of hostilities in Gaza to ensure it is not found in breach of the Genocide Convention when the Court assesses the case on the merits.”