What enforcement power does the International Court of Justice have in South Africa's genocide case against Israel?

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Victor Peskin, Arizona State University

(THE CONVERSATION) South Africa says that Israel is committing genocide against Palestinians in Gaza and has asked the International Court of Justice to intervene and stop Israeli military action in Gaza.

Israel issued its initial defense to South Africa’s charges on Jan. 12, 2024, at the International Court of Justice – the United Nations’ highest human rights court – based in The Hague, Netherlands. Israel argues that its military is trying to minimize civilian harm and that South Africa is trying to both weaponize the term genocide and interfere with Israel’s right of self-defense against Hamas.

But can the International Court of Justice enforce any decision it makes in the case? “The question of the International Court of Justice’s actual powers of enforcement is a key issue on many people’s minds,” said Victor Peskin, a scholar of international relations and human rights.

We spoke with Peskin to better understand the potential impacts of South Africa’s genocide complaint against Israel and the scope of the court’s power.

What is the significance of South Africa bringing these charges?

South Africa is a former apartheid state that underwent a largely peaceful transition to democracy in the mid-1990s. Symbolically, the fact that South Africa is bringing the case may...