The ICJ’s middle-ground provisional ruling on whether Israel may be committing genocide in Gaza was not surprising given the specific difficulties of proving genocide. Still, to point out that the ruling falls short of what either party might have wanted would be to miss its wider implications that go far beyond the Gaza conflict.
On Dec. 28, South Africa filed a claim with the International Court of Justice alleging that Israel’s actions in Gaza since Hamas’ attack on Oct. 7 amount to genocide against the Palestinian population. Both Israel and the U.S. have called the case a distraction. They’re right, but not for the reasons they claim.
The United Nations’ ability to carry out its mission has been severely constrained in recent years by its member states. And many of its agencies are now facing funding shortages that could severely curtail their work. In fact, multilateralism of all stripes is under strain, from the International Criminal Court to the World Trade Organization.