header-logo header-logo

South Africa v Israel: A dilemma for the ICJ

02 February 2024 / Marc Weller
Issue: 8057 / Categories: Features , Profession , International
printer mail-detail
156462
As the court orders Israel to prevent genocidal acts, Marc Weller analyses the decision, the response & its implications
  • The court faced a dilemma in this highly political case. But it has decided a long list of cases involving the use of force between states.
  • The court did not formally conclude that Israel has engaged in acts of genocide. Rather, it found that South Africa could plausibly argue that the conduct falls within the ambit of the Genocide Convention.
  • Even though there was no cease-fire order, the case has important ramifications for the conflict.

International law has made the global headlines again. The eagerly anticipated preliminary measures order rendered by the International Court of Justice (ICJ) in the Gaza genocide case brought by South Africa against Israel has commanded world-wide attention. As could be expected, the decision has received a mixed reception.

The President of South Africa, Cyril Ramaphosa, immediately hailed the decision as a victory for international law, for his country and for Palestine. Israeli

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll