We will first have to wait for the outcome of the cognitive assessment. These are simply requests for precautionary measures. The next phase will be that of non-compliance: another matter, since it is a longer and more complex assessment. Furthermore, the Court can turn to the Security Council, which can take measures to give effect to the sentence. But at that point, not legal evaluations come into play, but political opportunism ones: quoting George Orwell, it is true that all states are equal, but there are some that are more equal. (Editor’s note: The Security Council is made up of 15 members, including the United States, which as a permanent member has the right of veto. Since 1945, the United States has blocked 34 of the 36 proposed resolutions regarding the conflict between Israel and Palestine) .
What is genocide under international law?
From a normative point of view, genocide is an attack aimed at destroying in whole or in part a national, ethnic, racial or religious group as such. The Art. 2 of the Convention for the prevention and repression of the crime of genocide refers to acts including the killing of members of the group, injuries to physical or mental integrity (amputations, permanent damage, psychological trauma…), the fact of subjecting deliberately subject the group to living conditions intended to bring about its total or partial physical destruction (e.g. lack of access to water or food) etc.