By Heidi Matthews, York University, Canada, Faisal A. Bhabha, York University, Canada, Mohammad Fadel, University of Toronto

The International Court of Justice has issued a ground-breaking decision in South Africa’s genocide case against Israel, ordering Israel to comply with six provisional measures to safeguard the right of Palestinians in Gaza to be protected from genocidal violence.

The court’s order is binding on Israel and formalizes the international legal obligations of other countries that are parties to the UN Genocide Convention.

Properly understood, the order should dramatically alter both the foreign and domestic policy decisions of Israel’s allies, including Canada and the United States.

Israel and its allies cannot dismiss or minimize the importance of this decision. In granting interim relief, the court concluded that South Africa’s allegations of genocide are, at a minimum, legally and factually plausible.

Other countries must act

Crucially, the court expressly concluded, by an overwhelming majority, that Palestinians in Gaza face a “real and imminent risk” of genocide. This puts other countries on notice that they have an international legal duty to take steps to prevent genocide in Gaza in accordance with the court’s order.

As the court stated in a 2007 ruling when Bosnia accused Serbia of genocide, countries that are parties to the Genocide Convention have an obligation to prevent and a corresponding duty to act “the instant that the state learns of, or should normally have learned of, the existence of a serious risk that genocide will be committed.”

Both Canada and the U.S. have construed the court’s decision narrowly, suggesting it merely reiterates Israel’s right of self-defence and obligation to comply with international humanitarian law.

This is a legally indefensible reading of the court’s ruling.

U.S. President Joe Biden’s administration says it believes the court’s decision is consistent with existing American policy on Israel and that it continues to view South Africa’s case as “meritless.”

Read the full story https://theconversation.com/ruling-by-uns-top-court-means-canada-and-the-u-s-could-be-complicit-in-gaza-genocide-222110