Spread of Sanctions: The International Community Reacts to Israel’s Offensive on Palestine

As tensions between Israel and Palestine continue to rise, a thus far ineffective ruling from the International Court of Justice raises concern as to the enforceability of international law.

The seat of the International Court of Justice is at the Peace Palace in The Hague (Netherlands).[1]

After being attacked by Hamas in October 2023, Israel had extensive allies, but that castle has progressively crumbled in quantity and quality. In January 2024, the International Court of Justice (ICJ) found that Israel committed acts against Palestinians that may violate the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention).[2] This ruling was the first action from the ICJ in the case initiated by South Africa, alleging Israel violated the Genocide Convention.[3]

South Africa's allegations included a request that the Court identify provisional measures to protect Palestinians, including: suspending military operations in and against Gaza, taking all reasonable measures to prevent genocide, ceasing actions within the scope of the Genocide Convention, ceasing actions calculated to bring about the destruction of Palestinians, and reporting to the Court on measures taken to fulfill these orders.[4] The Court noted Israel’s military operations “resulted in a large number of deaths and injuries, . . . the massive destruction of homes, the forcible displacement of the vast majority of the population, and extensive damage to civilian infrastructure,” while Israel has deprived Palestinians of food, water, electricity, essential medicines, and heat.[5] As early as November 2023, the United Nations Human Rights Council flagged “genocidal and dehumanizing rhetoric coming from senior Israeli government officials.”[6]

Although the Court has yet to conclude that Israel has committed genocide of Palestinians, it found the allegation plausible and found it necessary to implement protective measures predominantly in line with those requested by South Africa—such as requiring Israel and its military to take all measures to prevent violation of the Genocide Convention, enable the furnishing of humanitarian aid to affected Palestinians, and reporting back to the Court within thirty days.[7] As Israel is a United Nations (UN) member state, failure to comply with this order would violate international law. Though this decision was the first phase of South Africa's case against Israel, there is nonetheless a long and steep road ahead for South Africa, who must prove an “intent to destroy, in whole or in part, a national, ethnical, racial, or religious group” to establish Israel’s commission of genocide.[8] This burden of proof is extremely high and has been historically difficult to meet.[9]

South Africa’s case against Israel may not be resolved for months or even years, but that is not the end of the international criticism Israel has received. On July 11, 2024, the U.S. Department of State imposed sanctions on three Israelis and five entities as the result of “acts of violence against civilians in the West Bank.”[10] The European Union (EU) followed with parallel sanctions just four days later for “serious and systematic human rights abuses” against Palestinians, bringing the total EU sanctions by that time to 113 natural persons and 31 entities.[11]

The ICJ revisited the Israel Palestine Conflict six months after its initial ruling. On July 19, 2024 the ICJ issued an Advisory Opinion, on Israel’s decades-long occupation of East Jerusalem and the Gaza Strip—regions the Court defined as “the Palestinian territory”—and the legal consequences of that occupation for all States and the UN.[12] Important to note is that this Opinion referred to the Israeli occupation in effect since 1967, without regard to Israel’s offensive sparked after the Hamas attacks on October 7, 2023.[13]

The Court first held that Israel’s occupation is contrary to multiple sections of the Fourth Geneva Convention, Hague Regulations Respecting the Laws and Customs of War on Land, Palestinian rights to sovereignty over its natural resources, and its obligation to maintain a non-coercive environment for Palestinians.[14] The Court concluded that Israeli settlements in the West Bank and East Jerusalem violate international law.[15] The Court further held that Israel has committed systematic discrimination based on race, religion, or ethnic origin, therefore violating the International Convention on the Elimination of All Forms of Racial Discrimination and the International Covenant on Economic, Social and Cultural Rights, and the International Covenant on Civil and Political Rights.[16] Lastly, the Court held Israel’s continued occupation of the Palestinian territories to be unlawful.[17]

As a result of these findings, the Court stated Israel must end its presence in Palestinian territories as quickly as possible, cease new settlement activity, and return all land and assets seized since 1967.[18] Other States and the United Nations would be obligated not to assist Israel’s presence in the Occupied Palestinian Territory and recognize it’s extended presence as contrary to standards of international law.[19] This ruling severely undermines Israel’s claim of birthright to the Palestinian land.[20] Though the ICJ possesses no independent enforcement mechanism, the decision may sway international opinion on the longstanding Israeli subjugation of Palestine, as well as the environment preceding the October 2023 Hamas attacks.[21]

Rather than implementing measures to prevent genocide or beginning the process of undoing occupation, Israel’s foreign ministry vehemently rejected the Advisory Opinion soon after its release. The United States has long supported Israel’s expansionist mission and unlawful occupation; for example, the U.S. sent weapons to Israel, which benefitted the U.S. economy at the expense of countless Palestinian lives.[22] Over a year after Israel began its heightened displacement and killing of Palestinian civilians, and after two ICJ rulings and multiple international sanctions, Israel has indicated no effort to ease its campaign of oppression.[23] As of September 29, 2024, the Palestinian Health Ministry had counted 41,595 dead Palestinians, though there are an estimated 10,000 more bodies still beneath the rubble; approximately 56% of victims were women and children.[24] Non-Palestinian sources including the Humanitarian Research Lab at the Yale School of Public Health and the UN Human Rights Office have estimated, however, that the true death counts are likely higher.[25]

           International sanctions and accountability efforts are certainly a positive step. However, in light of the Israel Foreign Ministry’s public rejection of the ICJ’s advisory opinion and its continued failure to implement protective measures or curb offensive action, it appears unlikely that these efforts will lead to a meaningful improvement in the dire circumstances resulting from the conflict between these nations. The international community seems increasingly in agreement that Israel’s actions against Palestine contradict longstanding principles of international law, which makes the continuation of the conflict despite a formal ruling from the ICJ ever more concerning. As the world watches tensions between these countries rise to a catastrophic peak, it faces a serious question: what legal effect do international law treaties and other agreements have if there is no effective means of enforcing them?

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[1] International Court of Justice (photograph), in Karen Mingst, International Court of Justice, Britannica (Feb. 5, 2025), https://www.britannica.com/topic/International-Court-of-Justice.

[2] Convention on the Prevention and Punishment of the Crime of Genocide, Dec. 9, 1948, S. Exec. Doc. O, 81-1 (1949), 78 U.N.T.S. 277.

[3] Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (S. Afr. v. Isr.), Order, ¶ 1 (Jan. 26, 2024), https://www.icj-cij.org/sites/default/files/case-related/192/192-20240126-ord-01-00-en.pdf.

[4] Id. at ¶ 5.

[5] Id. at ¶¶ 5, 46, 70.

[6] Id. at ¶ 53.

[7] Id. at ¶ 83; Bill Burke-White, Explaining the International Court of Justice’s Ruling on Israel and Gaza, Perry World House (Feb. 8, 2024), https://perryworldhouse.global.upenn.edu/perryworldhouse/news/explaining-international-court-justices-ruling-israel-and-gaza.

[8] Bill Burke-White, supra note 7.

[9] Id.

[10] Press Release, Matthew Miller, Spokesperson, U.S. Dep’t of State, Sanctions on Individuals and Entities Contributing to Violence and Instability in the West Bank (July 11, 2024), https://2021-2025.state.gov/sanctions-on-individuals-and-entities-contributing-to-violence-and-instability-in-the-west-bank/.

[11] EU Imposes Sanctions on Five Israeli Individuals and Three Entities, Reuters (July 15, 2024, 2:35 PM), https://www.reuters.com/world/eu-imposes-sanctions-five-israeli-individuals-three-entities-2024-07-15/.

[12] Legal Consequences Arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, Including East Jerusalem, Advisory Opinion, ¶ 1 (July 19, 2024) [hereinafter Legal Consequences], https://www.icj-cij.org/sites/default/files/case-related/186/186-20240719-adv-01-00-en.pdf. The ICJ considers the West Bank, East Jerusalem, and the Gaza Strip collectively as Occupied Palestinian Territory. Id.

[13] Id. at ¶ 81.

[14] Id. at ¶ 154.

[15] Id. at ¶¶ 116, 119, 122, 123, 133, 139-41, 147, 155.

[16] Id. at ¶¶194-97, 205-06, 210-13, 219-23, 229.

[17] Id. at ¶¶ 237-43, 256-57, 264; Stephanie van den Berg & Emily Rose, Top UN Court Says Israel’s Occupation of Palestinian Territories Is Illegal, Reuters (July 19, 2024, 4:13 PM), https://www.reuters.com/world/middle-east/top-un-court-deliver-opinion-israels-occupation-palestinian-territories-2024-07-19/.

[18] Legal Consequences, supra note 12, at ¶¶ 267-70.

[19] Id. at ¶¶ 278-81.

[20] Maayan Lubell, Jewish Settlers Claim Biblical Birthright to Land, Reuters (Sept. 26, 2010, 11:38 AM), https://www.reuters.com/article/world/us/jewish-settlers-claim-biblical-birthright-to-land-idUSTRE68P1BV/.

[21] van den Berg & Rose, supra note 17.

[22] Id.

[23] Ylenia Gostoli & Farah Najjar, Israel’s War on Gaza Updates: Dozens Dead as Attacks on Palestinians Continue, Al Jazeera (Sept. 6, 2024), https://www.aljazeera.com/news/liveblog/2024/9/6/israels-war-on-gaza-live-gazas-aid-situation-beyond-catastrophic-un.

[24] Emma Farge & Nidal Al-Mughrabi, Gaza Death Toll: How Many Palestinians Has Israel’s Offensive Killed?, Reuters (Jan. 15, 2025, 1:15 PM), https://www.reuters.com/world/middle-east/gaza-death-toll-how-many-palestinians-has-israels-campaign-killed-2024-07-25/.

[25] Id.