In an interim judgment delivered on Friday, the president of the court, Joan Donoghue, said Israel must “take all measures within its power” to prevent acts that fall within the scope of the genocide convention and must ensure “with immediate effect” that its forces do not commit any of the acts covered by the convention.
The court stopped short of granting South Africa’s request to order an immediate ceasefire to the war, which has destroyed much of the Gaza Strip and killed more than 25,000 Palestinians, according to Gaza health authorities.
The ruling is not the final word from the court on whether Israel’s actions amount to genocide, but it provides a strong indication that the judges believe there is a credible risk to Palestinians under the genocide convention. Granting South Africa’s application for special measures, the court did not have to find whether Israel had committed genocide, which will be determined at a later date, but only that its acts were capable of falling within the genocideconvention and that urgent preventive action was necessary.
Overview of the pedanticism: The ultimate question here is whether Israel is guilty of genocide, or mere war crimes. The whole thing hinges on intent, which will have to be proven, which is why it is expected that the ICJ will take years to reach a verdict. A whole international court, 16 judges, uncountably many lawyers, years.
Commenters here trying to adjudicate that distinction between wanking sessions is, frankly speaking, presumptuous. From both sides.