Even if the judgment is not enforceable, it is more than just symbolic.
UN top court fails to call for ceasefire between Israel and Hamas
The United Nations International Court of Justice said Israel must limit acts of death and destruction in the war between Israel and Hamas, but did not call for a ceasefire.
A 17-judge panel of judges at the International Court of Justice in The Hague ordered on Friday that Israel must take a series of measures to avert genocide in the Gaza Strip.
The decision is part of a broader case filed by South Africa at the United Nations' highest court over whether Israel is already committing genocide against Palestinians in Gaza in its war against Hamas.
Even though the ruling is not enforceable and it is likely to take several years before the actual legal case as to whether Israel is guilty of genocide is heard in court, the decision is more than just symbolic.
Here's what the International Court of Justice ruling, which Palestinian Foreign Minister Riad Maliki called a ruling “in favor of humanity and international law,” means for the war between Israel and Hamas.
What impact will the International Court of Justice ruling have on Gaza?
In terms of a significant change in conditions on the ground, it may not be much immediately.
South Africa had asked the court to issue an emergency order compelling Israel to a ceasefire in Gaza. It didn't do that. Instead, Israel was ordered to take measures to prevent the killing and harm of civilians in Gaza, such as refraining from killing members of a group and not imposing conditions that could prevent women from bearing children. It ordered Israel to prevent and punish public statements that incite genocide.
Nevertheless, even if the ICJ had demanded that Israel stop its military operations, The court has no formal opportunity to implement this order — and Israel has made it clear that it will not stop fighting until Hamas is defeated and Israel gets back all of its hostages. “We will continue to do everything necessary to defend our country and our people,” Israeli Prime Minister Benjamin Netanyahu said Friday after the court decision.
Meanwhile, Palestinian lawmaker Mustafa Barghouti said that due to the level of destruction and ongoing fighting in Gaza, Israel “cannot implement the decisions of the International Court of Justice without an immediate and permanent ceasefire.”
What pressure does this put on the US?
For the United States, long Israel's most loyal military and diplomatic ally, there are significant potential implications. The US is facing increasing pressure to twist Israel's arm and end a war that has killed more than 26,000 Palestinians, mostly civilians, according to the Hamas-run Gaza Health Ministry.
Since the ICJ has no real mechanism to enforce its decisions, the matter could first be put to a vote in the UN Security Council, where members can order economic sanctions or military action.
Should a vote in the UN Security Council actually take place, “the Biden administration will once again face the choice of politically protecting Israel by using a veto, further isolating the United States, or allowing the Security Council to act and “It costs us to 'not stand with Israel,'” said Trita Parsi, co-founder and executive vice president of the Quincy Institute for Responsible Statecraft, a think tank in Washington, DC
Nancy Okail, president and CEO of the Center for International Policy think tank in Washington, D.C., said the ICJ ruling “is more than a legal technicality; it’s about protecting human rights on a global level.”
So far, the White House has not said much about the International Court of Justice's ruling – including whether it respects the decision.
Okail said that was the wrong message.
“As we support the creation of a global community based on common rules and not just law and power, it is absolutely critical that all countries, including the United States, recognize the legitimacy of this decision and take the necessary steps in response “Okail said in emailed comments.
What's happening now?
The ICJ has ordered Israel to report to the court within a month detailing what it is doing to maintain all measures within its power to prevent genocide in Gaza. Israel has not said whether it will comply.
In fact, some of Israel's top officials, such as Defense Minister Yoav Gallant and Foreign Minister Israel Katz, expressed disappointment after the verdict while also expressing a defiant tone.
“The State of Israel does not need to be lectured on morality in order to distinguish between terrorists and the civilian population in Gaza,” Gallant posted on social media. “The IDF and security agencies will continue to work to dismantle the military and government capabilities of the terrorist organization Hamas.”
Katz said Israel is committed to international law, which applies “regardless of any proceedings by the International Court of Justice.”
Attention now turns to reports in recent days that President Joe Biden plans to send CIA Director William J. Burns to the Middle East to help negotiate a deal between Hamas and Israel that would require the release of all remaining hostages held in Gaza and marks the longest cessation of hostilities since the war began last year.