Law
What has the ICJ actually ruled?
LEGAL FINDING
The short answer
The International Court of Justice (ICJ) is the United Nations' highest court. There are two different Israel/Palestine proceedings that are often confused. In the genocide case brought by South Africa, the ICJ has not yet ruled that Israel committed genocide.
The fuller explanation
The International Court of Justice (ICJ) is the United Nations' highest court. There are two different Israel/Palestine proceedings that are often confused.
In the genocide case brought by South Africa, the ICJ has not yet ruled that Israel committed genocide. Instead, while the case continues, the Court has ordered Israel to take measures including preventing acts covered by the Genocide Convention and enabling urgently needed humanitarian assistance. It later issued additional measures as conditions in Gaza worsened.
There is also a separate ICJ case about Israel's occupation. In July 2024, the Court delivered an advisory opinion with major conclusions. It found that: Israel's continued presence in the Occupied Palestinian Territory is unlawful. Israel must end that presence as rapidly as possible. Israel must immediately stop new settlement activity. Israel must evacuate settlers from the Occupied Palestinian Territory. Israel must provide reparations for damage caused by its internationally wrongful acts. Other countries must not recognise the unlawful situation as legal or assist in maintaining it.
So be careful with the sentence "The ICJ ruled that Israel is committing genocide." That is not currently accurate. But saying "The ICJ ruled that Israel's continued presence in the Occupied Palestinian Territory is unlawful" is accurate.
