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02 February 2024 / Marc Weller
Issue: 8057 / Categories: Features , Profession , International
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South Africa v Israel: A dilemma for the ICJ

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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.

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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