Is USA a member of ICJ? Does ICJ have jurisdiction over Israel?

The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. It is composed of 15 judges elected by the UN General Assembly and the Security Council for nine-year terms. The current president of the ICJ is Joan E. Donoghue from the United States, who was elected in February 2021.

The ICJ has two main functions: to settle legal disputes submitted by states, and to give advisory opinions on legal questions referred by authorized UN organs and specialized agencies. The ICJ only has jurisdiction over states that have consented to it, either by becoming parties to the Rome Statute that established the court, or by accepting its jurisdiction in a specific case.

The United States is not a state party to the Rome Statute, and has formally withdrawn its signature in 2002. However, it has recently elected a judge to the ICJ, Sarah Hull Cleveland, who took office in November 2023. The US has also re-established a working relationship with the court as an observer.

Israel is also not a state party to the Rome Statute, and has withdrawn its signature in 2002. Israel does not recognize the jurisdiction of the ICJ over any matters related to the Israeli-Palestinian conflict. Israel has argued that the court is biased against it and that its rulings are politically motivated.

In January 2024, South Africa filed a case against Israel at the ICJ, alleging that Israel is committing genocide against the Palestinian people in Gaza. South Africa invoked Article IX of the Genocide Convention, which allows any state party to submit a dispute to the ICJ if it relates to the interpretation, application or fulfilment of the convention. South Africa also requested provisional measures from the court to order Israel to stop its military actions in Gaza and to prevent further acts of genocide.

On 26 January 2024, the ICJ issued its interim ruling on the case. The court decided that it has prima facie jurisdiction over the case, meaning that it can proceed to examine the merits of South Africa’s claim. The court also ordered Israel to take all measures within its power to prevent acts of genocide in Gaza, to improve the humanitarian situation there, to preserve evidence of alleged genocide, and to report to the court within a month. The court recognized that Palestinians in Gaza are a protected group under the Genocide Convention, and that some of the acts and omissions alleged by South Africa seem to fall within its scope .

The interim ruling does not deal with the core accusation of whether genocide has occurred or not. That will be determined by the court after hearing arguments from both parties and examining evidence. The interim ruling is also binding on both parties, and creates international legal obligations for them. However, the court has no enforcement mechanism to ensure compliance with its orders. It relies on the political pressure and moral authority of the international community.