The ICJ stated in January 2024 that "the facts and circumstances are sufficient to conclude that at least some of the rights claimed by South Africa and for which it is seeking protection are plausible." In order to protect those rights while the ICJ deliberates this case, the Court issued the following legally binding emergency orders: prevent genocidal acts (prevent killing, serious harm, and conditions calculated to bring about physical destruction); punish incitement; enable the entry of humanitarian aid; and preserve evidence.
Independent monitors and UN agencies have consistently reported that Israel has failed to meet these legally binding obligations. Civilian casualties have continued to mount: as of 26 January 2024, reported fatalities stood at approximately 26,000; as of April 2026, fatalities stand at over 72,000. That is nearly 50,000 deaths that could have been avoided had Israel complied with the emergency orders.
The order to enable the entry of humanitarian aid was flagrantly ignored. Israel continued to block aid and kill aid workers—the airstrike that killed the seven aid workers from World Central Kitchen happened in April 2024. Statements from officials calling for the destruction of Gaza have not been stopped, let alone punished. And Israel blocked access to independent investigators while the UN was denied unimpeded access to assess the allegations.
Further legally binding orders were issued in March and May of 2024 explicitly demanding a halt to the invasion of Rafah. These orders were ignored. These are binding legal obligations that remain unfulfilled to this day.
The ICJ's final ruling will tell us if Israel is legally liable for the crime of genocide. It will not tell us if the people of Gaza are being annihilated. That is a question for our own eyes and conscience. And witnesses are allowed to describe what they see.
The Nuremberg trials didn't finish until 1946. The ICTR didn't rule on Rwanda until 1998. If you had told someone in 1944 or 1994 that they weren't allowed to call what was happening "genocide" because a court hadn't stamped the paperwork yet, you would have been dismissed as absurd—or worse, seen as complicit. We don’t need a judge's permission to name what is happening before our eyes. The law follows the crime, it doesn’t invent it.