Will a ruling by the International Court of Justice be enforced and can it have any tangible effect?

The court could call for Israel to end of curtail its conduct in Gaza, putting international pressure, but there is no indication that orders will be followed.

Jan 17, 2024 - 01:30

Will a ruling by the International Court of Justice be enforced and can it have any tangible effect?

South Africa says that Israel is committing genocide against Palestinians in Gaza and has asked the International Court of Justice to intervene and stop Israeli military action in Gaza.

Israel issued its initial defense to South Africa’s charges on January 12 at the International Court of Justice – the United Nations’ highest human rights court – based in The Hague, Netherlands. Israel argues that its military is trying to minimise civilian harm and that South Africa is trying to both weaponise the term genocide and interfere with Israel’s right of self-defense against Hamas.

But can the International Court of Justice enforce any decision it makes in the case? “The question of the International Court of Justice’s actual powers of enforcement is a key issue on many people’s minds,” said Victor Peskin, a scholar of international relations and human rights.

The Conversation spoke with Peskin to better understand the potential impacts of South Africa’s genocide complaint against Israel and the scope of the court’s power.

Significance of South Africa bringing these charges

South Africa is a former apartheid state that underwent a largely peaceful transition to democracy in the mid-1990s. Symbolically, the fact that South Africa is bringing the case may have particular resonance.

However, South Africa has itself been accused of thwarting the 1948 UN Genocide Convention. This happened...