Follow us on social

ICJ lands stunning blow on Israel over Gaza genocide charge

ICJ lands stunning blow on Israel over Gaza genocide charge

A different Biden approach could have shaped war efforts and prevented this from happening in the first place

Analysis | Middle East

The International Court of Justice (ICJ) just ruled against Israel and determined that South Africa successfully argued that Israel’s conduct plausibly could constitute genocide. The Court imposes several injunctions against Israel and reminds Israel that its rulings are binding, according to international law.

In its order, the court fell short of South Africa's request for a ceasefire, but this ruling, however, is overwhelmingly in favor of South Africa's case and will likely increase international pressure for a ceasefire as a result.

On the question of whether Israel's war in Gaza is genocide, that will still take more time, but today's news will have significant political repercussions. Here are a few thoughts.

This is a devastating blow to Israel’s global standing. To put it in context, Israel has worked ferociously for the last two decades to defeat the BDS movement — Boycott, Divestment, and Sanctions — not because it will have a significant economic impact on Israel, but because of how it could delegitimize Israel internationally. However, the ruling of the ICJ that Israel is plausibly engaged in genocide is far more devastating to Israel's legitimacy than anything BDS could have achieved.

Just as much as Israel's political system has been increasinglyand publiclyassociated with apartheid in the past few years, Israel will now be similarly associated with the charge of genocide. As a result, those countries that have supported Israel and its military campaign in Gaza, such as the U.S. under President Biden, will be associated with that charge, too.

The implications for the United States are significant. First because the court does not have the ability to implement its ruling. Instead, the matter will go to the United Nations Security Council, where the Biden administration will once again face the choice of protecting Israel politically by casting a veto, and by that, further isolate the United States, or allowing the Security Council to act and pay a domestic political cost for “not standing by Israel.”

So far, the Biden administration has refused to say if it will respect ICJ's decision. Of course, in previous cases in front of the ICJ, such as Myanmar, Ukraine and Syria, the U.S. and Western states stressed that ICJ provisional measures are binding and must be fully implemented.

The double standards of U.S. foreign policy will hit a new low if, in this case, Biden not only argues against the ICJ, but actively acts to prevent and block the implementation of its ruling. It is perhaps not surprising that senior Biden administration officials have largely ceased using the term “rules-based order” since October 7.

It also raises questions about how Biden’s policy of bear-hugging Israel may have contributed to Israel’s conduct. Biden could have offered more measured support and pushed back hard against Israeli excesses — and by that, prevented Israel from engaging in actions that could potentially fall under the category of genocide. But he didn’t.

Instead, Biden offered unconditional support combined with zero public criticism of Israel's conduct and only limited push-back behind the scenes. A different American approach could have shaped Israel’s war efforts in a manner that arguably would not have been preliminarily ruled by the ICJ as plausibly meeting the standards of genocide.

This shows that America undermines its own interest as well as that of its partners when it offers them blank checks and complete and unquestionable protection. The absence of checks and balances that such protection offers fuels reckless behavior all around.

As such, Biden’s unconditional support may have undermined Israel, in the final analysis.

This ruling may also boost those arguing that all states that are party to the Genocide Convention have a positive obligation to prevent genocide. The Houthis, for instance, have justified their attacks against ships heading to Israeli ports in the Red Sea, citing this positive obligation. What legal implications will the court’s ruling have as a result on the U.S. and UK’s military action against the Houthis?

The implications for Europe will also be considerable. The U.S. is rather accustomed to and comfortable with setting aside international law and ignoring international institutions. Europe is not.

International law and institutions play a much more central role in European security thinking. The decision will continue to split Europe. But the fact that some key EU states will reject the ICJ’s ruling will profoundly contradict and undermine Europe’s broader security paradigm.

One final point: The mere existence of South Africa’s application to the ICJ appears to have moderated Israel’s war conduct. Any plans to ethnically cleanse Gaza and send its residents to third countries appear to have been somewhat paused, presumably because of how such actions would boost South Africa’s application. If so, it shows that the Court, in an era where the force of international law is increasingly questioned, has had a greater impact in terms of deterring unlawful Israeli actions than anything the Biden administration has done.


South Africa's Minister of Justice Ronald Lamola addresses the media near the International Court of Justice (ICJ), on the day judges hear a request for emergency measures by South Africa to order Israel to stop its military actions in Gaza, in The Hague, Netherlands January 12, 2024. REUTERS/Thilo Schmuelgen/File Photo

Analysis | Middle East
US Marines
Top image credit: U.S. Marines with Force Reconnaissance Platoon, Maritime Raid Force, 31st Marine Expeditionary Unit, prepare to clear a room during a limited scale raid exercise at Sam Hill Airfield, Queensland, Australia, June 21, 2025. (U.S. Marine Corps photo by Cpl. Alora Finigan)

Cartels are bad but they're not 'terrorists.' This is mission creep.

Military Industrial Complex

There is a dangerous pattern on display by the Trump administration. The president and Secretary of Defense Pete Hegseth seem to hold the threat and use of military force as their go-to method of solving America’s problems and asserting state power.

The president’s reported authorization for the Pentagon to use U.S. military warfighting capacity to combat drug cartels — a domain that should remain within the realm of law enforcement — represents a significant escalation. This presents a concerning evolution and has serious implications for civil liberties — especially given the administration’s parallel moves with the deployment of troops to the southern border, the use of federal forces to quell protests in California, and the recent deployment of armed National Guard to the streets of our nation’s capital.

keep readingShow less
Howard Lutnick
Top photo credit: Commerce Secretary Howard Lutnick on CNBC, 8/26/25 (CNBC screengrab)

Is nationalizing the defense industry such a bad idea?

Military Industrial Complex

The U.S. arms industry is highly consolidated, specialized, and dependent on government contracts. Indeed, the largest U.S. military contractors are already effectively extensions of the state — and Commerce Secretary Howard Lutnick is right to point that out.

His suggestion in a recent media appearance to partially nationalize the likes of Lockheed Martin is hardly novel. The economist John Kenneth Galbraith argued for the nationalization of the largest military contractors in 1969. More recently, various academics and policy analysts have advocated for partial or full nationalization of military firms in publications including The Nation, The American Conservative, The Middle East Research and Information Project (MERIP), and The Seattle Journal for Social Justice.

keep readingShow less
Modi Trump
Top image credit: White House, February 2025

Trump's India problem could become a Global South crisis

Asia-Pacific

As President Trump’s second term kicked off, all signs pointed to a continued upswing in U.S.-India relations. At a White House press conference in February, Indian Prime Minister Narendra Modi spoke of his vision to “Make India Great Again” and how the United States under Trump would play a central role. “When it’s MAGA plus MIGA, it becomes a mega partnership for prosperity,” Modi said.

During Trump’s first term, the two populist leaders hosted rallies for each other in their respective countries and cultivated close personal ties. Aside from the Trump-Modi bromance, U.S.-Indian relations have been on a positive trajectory for over two decades, driven in part by mutual suspicion of China. But six months into his second term, Trump has taken several actions that have led to a dramatic downturn in U.S.-India relations, with India-China relations suddenly on the rise.

keep readingShow less

LATEST

QIOSK

Newsletter

Subscribe now to our weekly round-up and don't miss a beat with your favorite RS contributors and reporters, as well as staff analysis, opinion, and news promoting a positive, non-partisan vision of U.S. foreign policy.