ICJ ex-President: Impact of Gaza order âdisappointingâ
Judge who delivered ICJ genocide decision says âcourts don't really solve these kinds of problemsâ
The former President of the International Court of Justice (ICJ), who delivered Januaryâs preliminary ruling in South Africaâs genocide case against Israel, has told HARDtalk that âit's disappointing what has happened since then.â
In an exclusive interview, Joan Donoghue said: âWe hoped at the time that our closely-watched order would be more of a contributor to a solution.â The recently retired judge said she had hoped the ICJâs intervention âcould be a factor that would help push things towards an outcome in which hostages were released and the tragedy would end in Gaza.â
Speaking to Stephen Sackur, Judge Donoghue said that countries generally obey the ICJâs legally-binding orders, but âit's always disappointing when there isn't compliance.â She said that she did not âknow the full extent of what Israel might have doneâ in response to the order to avoid violation of the Genocide Convention. But she hoped that âwithin the Israeli government, the lawyers in the room are better equipped to try to urge certain changes in the behaviour of the Israeli military.â
Judge Donoghue served on the ICJ from 2010-2024 and was President for her last three years. She acknowledged that âit is a disappointment when the decisions of the court are not seen to change things quickly.â She explained that âcourts 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.â
The ICJ is the United Nationsâ highest court and has been working to solve disputes between countries since 1946. In Januaryâs preliminary order, the court voted that it was âplausibleâ that Israelâs 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.