Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem
International Court of Justice
2024 I.C.J., Provisional Measures, Order (Jan. 26, 2024)
- Written by Kelly Nielsen
Facts
On October 7, 2023, Hamas attacked Israel (defendant) and took hostages. Israel responded with military operations in Gaza. South Africa (plaintiff) and Israel were both parties to the Genocide Convention. In December 2023, South Africa filed an application with the International Court of Justice (ICJ) to resolve a dispute under the Genocide Convention. South Africa claimed that Israel’s military efforts had created a pattern of genocide aimed at the Palestinian people. South Africa alleged that, under the Genocide Convention, (1) Palestinians in Gaza had a right to be protected from acts of genocide and (2) South Africa had a right to seek Israel’s compliance with the Genocide Convention. South Africa asked the ICJ to order immediate, provisional (i.e., interim) relief preventing Israel from any further acts of genocide while the case was pending. In support of its request, South Africa submitted evidence that it claimed showed that Israeli officials intended to destroy the Palestinian people and that Israeli officials had directly and publicly incited others to commit acts of genocide. Israel responded that it was engaging in self-defense and that South Africa’s evidence did not show that Israel intended to commit genocide.
Rule of Law
Issue
Holding and Reasoning ()
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