If the #ICJ issues provisional measures - an end to military ops in Gaza, an end to expulsions, allowing food & aid in, giving access to a fact-finding mission - what happens next?
The ICJ's orders are binding, but there's no enforcement mechanism. So what's the point?
Brief 🧵
The ICJ's orders are binding, but there's no enforcement mechanism. So what's the point?
Brief 🧵
To be sure, the lack of enforcement is a real challenge.
Legally, the UN Security Council can enforce ICJ orders. But w the 🇺🇸 sitting on the Council w a veto, there's no chance that it do so will in this case. This pic from the UNSC's ceasefire vote on 9 December says it all.
Legally, the UN Security Council can enforce ICJ orders. But w the 🇺🇸 sitting on the Council w a veto, there's no chance that it do so will in this case. This pic from the UNSC's ceasefire vote on 9 December says it all.
And we've seen this before: in the Ukraine-Russia case over alleged genocide in Ukraine, the ICJ ordered Russia to immediately suspend military ops.
That was in 2022. It obviously did not happen: Russia has continued to attack Ukraine and commit atrocities against civilians.
That was in 2022. It obviously did not happen: Russia has continued to attack Ukraine and commit atrocities against civilians.
So, where does this leave us? Are ICJ provisional measures pointless because they can't be enforced?
The answer is an emphatic no.
Do ICJ provisional measures matter even if they can't be enforced?
The answer is an emphatic yes.
The answer is an emphatic no.
Do ICJ provisional measures matter even if they can't be enforced?
The answer is an emphatic yes.
In the Ukraine case, for eg, we can now say that Russia is in violation of the orders of the *world court*, an independent tribunal that Russia accepts the jurisdiction of.
That matters: Every single military operation conducted by Russia in Ukraine violated international law.
That matters: Every single military operation conducted by Russia in Ukraine violated international law.
When it comes to Israel, it clearly views the ICJ case as both a legal battleground & a battleground of public opinion (which it is losing, badly).
If the ICJ issues provisional measures and Israel ignores them, Israel will place itself in the same category as Putin's Russia.
If the ICJ issues provisional measures and Israel ignores them, Israel will place itself in the same category as Putin's Russia.
That would put another big dent into the claims that Israel abides by international law - a *core* claim in its war against Hamas in Gaza & its ICJ defence.
Israel can't say "we are in full compliance w int'l law" while flouting the ICJ's orders, which are international law...
Israel can't say "we are in full compliance w int'l law" while flouting the ICJ's orders, which are international law...
In short, the stakes are high. Even without an enforcement mechanism, the ICJ's ability to issue legally binding orders on states is critically important.
And unless Israel (and its allies) want to pull a Putin, they'd be wise to take provisional measures very, very seriously.
And unless Israel (and its allies) want to pull a Putin, they'd be wise to take provisional measures very, very seriously.
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