The resurgence of the crime of genocide

‘Missed opportunity’ of the International Court of Justice in its orders of provisional measures against Israel?

Abstract

The ‘Question of Palestine’ is a latent and frozen conflict whose solution seems far from being a reality. The Palestinian population in the Gaza Strip is currently facing an unprecedented humanitarian crisis, originated from the so-called ‘Operation Iron Swords’. Israel orchestrated this operation on the basis of its alleged right to self-defence in response to the Hamas attacks of 7 October 2023 on occupied Palestinian territory. On 29 December 2023, South Africa requested the International Court of Justice to initiate proceedings against Israel for possible commission of the crime of genocide, adopting a series of provisional measures on 26 January 2024, but without requiring a ceasefire, nor in the subsequent Order of 28 March 2024. On 24 May 2024, the Court issued a ceasefire for the city of Rafah, which, like the others, was not complied with by Israel, despite the extreme situation that the Gaza civilian population is experiencing. In the meantime, the international community, through its inability or unwillingness to stop this situation, may be witnessing a new genocide in the 21st century.