Caabu Press Release: Two Years on from ICJ Provisional Measures Order
26 January 2026
26 January 2026 marks two years since the International Court of Justice (ICJ) issued provisional measures to prevent possible genocide in Gaza having determined that there was a plausible risk of Israel committing genocide in Gaza. Since that judgement, Israel’s actions in Gaza have not just continued but escalated, thereby strengthening the overwhelming evidence that the crime of genocide is being committed.
The ICJ has yet to reach a final determination on whether genocide is happening, but the court did order that Israel take all possible measures to prevent a genocide from ensuing in Gaza. These measures included allowing in the unrestricted entry of humanitarian aid, ensuring that the military does not carry out war crimes, preventing and punishing incitement to genocide, and preventing the destruction of evidence of war crimes.
Despite the legal obligation placed on Israel to adhere to these measures as a signatory to the Genocide Convention, as well as the obligation placed on third countries to act to prevent genocide, the situation in Gaza only worsened. Protracted blockades continued, the civilian death count mounted, attacks on hospitals and medical workers, journalists and aid workers, as well as their families, only increased. Israel has yet to be held to account.
The ICJ ordered the provisional measures in January, and reiterated them in March 2024, with further orders in May 2024 regarding the Rafah offensive, yet Israel never did heed them. In the meantime, the UK and other countries essentially sat back and watched a genocide unfold.
There have been continued violations of international law, and no substantive action from the UK and other liberal democracies. Only minimal sanctions have been placed on extremist settlers and settler groups in the West Bank, and only a partial arms sale ban was introduced in September 2024, eight months after the ICJ had issued its initial orders.
Even now, after a ceasefire is in place, Israel is still not adhering to the ICJ orders. The full amount of aid required is not reaching Gaza. Palestinian civilians are living in tents in the harshest months of winter, while INGOs providing life saving support have been deregistered and could soon be prevented from continuing their essential work. This is yet another breach of international humanitarian law. While met with condemnations, more action is needed from the government to ensure that this does not go ahead.
The long-term failure to ensure that international law is met to its highest level has led to a situation where the rules-based system is being eviscerated. Failing to stand up for Palestinian rights in Gaza has resulted in powerful countries deciding they can just annex land and supersede international principles on sovereignty. From Gaza to Venezuela to Greenland and even the potential of Ukraine being forced to give up land to reach a peace treaty with Russia, the rules-based order is under threat from multiple avenues. Impunity will only breed further violations.
The UK government needs to honour its self-professed commitment to international law, to do all it can to fully support the ICJ and ensure that war crimes, breaches of IHL, and genocide, do not go unpunished.
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Notes to editors:
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