Third-state complicity in Gaza genocide: Whither international law and ICJ rulings?

This aerial view shows Palestinians burying 54 unidentified bodies in a cemetery at Deir al-Balah in the central Gaza Strip, on October 22, 2025, after they were returned by Israel under a US-brokered ceasefire deal. AFP.

A foundational question tackled in the study of international law is, ‘Is international law really law?’ Nothing provides a more robust response to this question than the actions of Israel and the imperial West that sucks up to Zionism, Israel’s state ideology

While international law unequivocally holds that occupation is illegal and that resisting occupation is a legitimate right of the people of an occupied territory, the imperial West—comprising, among others, the United States, Britain, and Germany—extends unwavering support to the violator of international law. They recognise Israel’s right to defend itself by occupying and annexing Palestinian land but condemn the Palestinians as terrorists for resisting occupation. They do not denounce Israel’s horrors in Gaza. For them, every atrocity Israel commits in Gaza and the West Bank is not considered a crime, because Israel is merely exercising its right to defend itself—a supreme principle the imperialists hold high above justice for Palestinians.

The imperialist West’s all-out support for Israel’s acts, which international law and tribunals condemn as crimes against humanity and genocide, is a sign of perversion that makes them unfit to be called civilised or to be a member of the United Nations or the international community.

With their perverted policy, the Western imperialists render useless all UN mechanisms designed to create a peaceful world. In their contempt for international tribunals’ rulings and for reports by UN experts and committees, these imperialists and their cronies won’t acknowledge that Israel’s disproportionate military action in Gaza amounted to outright genocide.

Given the Western imperialists’ perverted policy, what effect does Wednesday’s landmark International Court of Justice (ICJ) ruling have in addressing the obscene injustice inflicted on the hapless Palestinians by mighty and arrogant Israel and its imperialist allies?

The World Court ruled that Israel’s ban on the United Nations Relief and Works Agency (UNRWA)—the UN’s main humanitarian aid provider to Palestinians—and its restrictions on aid to Gaza and the occupied West Bank are inconsistent with international law. Rejecting Israeli and US arguments that sought to justify weaponising starvation on the grounds of Israel’s security needs, the ICJ unanimously held that, as an occupying power, Israel is required to fulfil its obligations under international humanitarian law to ensure that Palestinians have access to essential supplies for daily life, including food, medical aid, and shelter.

But neither the ruling nor the US-brokered ceasefire agreement has compelled Israel to abandon its policy of weaponising starvation. It continues to restrict the flow of aid into Gaza and has even carried out major airstrikes. More than 100 Palestinians have been killed by Israel since the ceasefire agreement was signed by US President Donald Trump last week. That’s how the hawkish Israeli premier treats Trump—its best friend forever. Now that all living hostages have been released by Hamas, the growing call within Israel is to resume the war. In another horrendous act that makes a mockery of international law, the Israeli parliament passed a bill presented by Zionist extremists to annex the West Bank.

If the greatness and decency of a state are measured by its adherence to international law, which of the so-called rich and powerful nations can truly call itself great or civilised? They are all pariah states—and sitting atop this list is Israel, followed by its Western imperialist allies such as the US, Britain, and Germany. Please note that this column, in its principled refusal to recognise occupation, avoids referring to Britain as ‘the United Kingdom’ because the UK includes Northern Ireland—a territory under British occupation.

When international law is not recognised, global anarchy ensues. Ironically, the imperialists fear such lawlessness in the international system. Hence, they have mastered a strategy that enables them to manipulate the system and portray themselves as paragons of virtue while concealing their true agenda—enriching themselves and perpetuating global inequality and injustice.

With a flawed international system favouring the rich and powerful, Wednesday’s ICJ ruling is dead on arrival. Like previous ICJ rulings on Israel’s occupation of Palestinian territory, this will also remain unenforced. 

Though states are required to respect ICJ rulings by virtue of their membership in the United Nations, rich and militarily powerful nations do so only when the rulings suit their selfish agendas.

We need not strain our brains to guess which country first defied an ICJ ruling. Yes—it was the United States, the great advocate of a rules-based international order. In 1986, it declared that it would not recognise the ICJ order that went against it. In this case, Nicaragua had accused the US of illegally mining its territorial waters. Such irresponsible conduct by the US emboldened other powerful nations—Israel, China, and Russia—to spurn ICJ rulings. Since the international system has no mechanism to punish those who defy ICJ decisions, peace-loving people must name and shame those whose conduct is in contempt of the ICJ and in violation of international law.

Following the US precedent, Israel in 2004 rejected the ICJ’s advisory opinion on the illegality of the separation wall. The ICJ found that Israel’s construction of the wall in the West Bank violated international law and called for its dismantling and reparations. Last year, Israel again refused to recognise an ICJ ruling that declared its occupation unlawful—including its settlement activities, annexation efforts, and racial segregation practices. The ruling called for immediate compliance and cessation of violations.

To give more teeth to the ICJ ruling, the UN General Assembly passed a resolution on September 18, 2024, calling on all UN member states to comply with their obligations under international law—including refraining from trade and economic relations that support or sustain the occupation—if Israel does not comply with the order. The resolution—passed with 124 votes in favour, 14 against, and 43 abstentions—set a deadline for compliance.

The deadline ended on September 18, 2025. But for UN member states that maintain trade relations with Israel, it is business as usual. They have failed to abide by the UN resolution. India is set to sign a massive arms deal during Netanyahu’s upcoming visit to New Delhi. Sri Lanka continues to send workers to Israel to take up agricultural and construction jobs that were once Palestinians’. Sri Lanka also allows Israeli tourists—including troops accused of committing genocide in Gaza—to build ‘settlements’ in Arugambay and the country’s south. Principles are thrown to the wind. State policy is no longer guided by a moral compass. This is called third-state complicity. 

Third-state complicity was vividly highlighted in the latest report compiled by Francesca Albanese, the UN Special Rapporteur on the situation of human rights in the Palestinian territories.

In a summary, she says, “The ongoing genocide in Gaza is a collective crime, sustained by the complicity of influential third states that have enabled longstanding systemic violations of international law by Israel. Framed by colonial narratives that dehumanise the Palestinians, this live-streamed atrocity has been facilitated through third states’ direct support, material aid, diplomatic protection and, in some cases, active participation…

“The world now stands on a knife-edge between the collapse of the international rule of law and hope for renewal. Renewal is only possible if complicity is confronted, responsibilities are met and justice is upheld.”