International Court of Justice: No Final Determination on Gaza Genocide, Case Remains Ongoing with Provisional Measures

A recent social media post by Martin Varsavsky claimed that the President of the International Court of Justice (ICJ) has determined there is no genocide in Gaza. This assertion, made on July 10, 2025, contradicts the publicly available status and rulings of the ongoing case concerning alleged violations of the Genocide Convention in the Gaza Strip. The ICJ has not issued a final judgment on the merits of the genocide claim.

The case, formally known as "Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel)," was initiated by South Africa on December 29, 2023. South Africa alleges that Israel's actions in Gaza violate its obligations under the 1948 Genocide Convention. The proceedings are currently in the provisional measures phase, which aims to preserve rights before a final decision on the case's merits.

The ICJ has issued several binding provisional measures, most notably on January 26, 2024, and subsequently on March 28 and May 24, 2024. These orders instruct Israel to take all measures within its power to prevent the commission of genocidal acts, ensure its military does not commit such acts, prevent and punish direct incitement to genocide, enable the provision of urgently needed humanitarian assistance, and preserve evidence related to the allegations. The Court also expressed grave concern for hostages held in Gaza, calling for their immediate release.

Crucially, the ICJ's finding on January 26, 2024, was that "at least some of the rights claimed by South Africa and for which it is seeking protection are plausible," specifically the right of Palestinians in Gaza to be protected from acts of genocide. Joan Donoghue, the ICJ President at the time of the initial ruling, later clarified that this did not mean the Court had found a plausible case for genocide itself, but rather that the Palestinians had a plausible right to be protected from genocide and that South Africa had the right to present that claim. A final judgment on whether genocide has occurred could take several years.

Israel has consistently rejected South Africa's allegations as "baseless," asserting that its military operations are conducted in self-defense against Hamas following the October 7, 2023, attacks. Israel maintains it acts in accordance with international law and is committed to minimizing civilian harm and facilitating humanitarian aid. The case continues to draw international attention, with several countries formally intervening or expressing support for either side.