ICJ ex-President: Impact of Gaza order 鈥渄isappointing鈥�
Judge who delivered ICJ genocide decision says 鈥渃ourts don't really solve these kinds of problems鈥�
The former President of the International Court of Justice (ICJ), who delivered January鈥檚 preliminary ruling in South Africa鈥檚 genocide case against Israel, has told HARDtalk that 鈥渋t's disappointing what has happened since then.鈥�
In an exclusive interview, Joan Donoghue said: 鈥淲e hoped at the time that our closely-watched order would be more of a contributor to a solution.鈥� The recently retired judge said she had hoped the ICJ鈥檚 intervention 鈥渃ould be a factor that would help push things towards an outcome in which hostages were released and the tragedy would end in Gaza.鈥�
Speaking to Stephen Sackur, Judge Donoghue said that countries generally obey the ICJ鈥檚 legally-binding orders, but 鈥渋t's always disappointing when there isn't compliance.鈥� She said that she did not 鈥渒now the full extent of what Israel might have done鈥� in response to the order to avoid violation of the Genocide Convention. But she hoped that 鈥渨ithin the Israeli government, the lawyers in the room are better equipped to try to urge certain changes in the behaviour of the Israeli military.鈥�
Judge Donoghue served on the ICJ from 2010-2024 and was President for her last three years. She acknowledged that 鈥渋t is a disappointment when the decisions of the court are not seen to change things quickly.鈥� She explained that 鈥渃ourts don't really solve these kinds of problems. They can contribute to solving the problems, but they're just a piece of a broader international infrastructure.鈥�
The ICJ is the United Nations鈥� highest court and has been working to solve disputes between countries since 1946. In January鈥檚 preliminary order, the court voted that it was 鈥減lausible鈥� that Israel鈥檚 actions in Gaza may violate the Genocide Convention. The case, which has been brought by South Africa, could take years to reach a final judgement.
