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02 February 2024
Issue: 8057 / Categories: Legal News , Profession , International
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NLJ this week: South Africa’s case against Israel at The Hague

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The International Court of Justice (ICJ) case on Gaza brought by South Africa against Israel has ‘commanded world-wide attention’ and ‘received a mixed reception’, Marc Weller, professor of international law at Cambridge University and associate tenant, Doughty Street, writes in this week’s NLJ

Weller covers the ‘change to its traditional stance’ of the court allowing South Africa rather than the immediate victim to bring a claim, noting previous examples of this. He writes: ‘It is noteworthy (and the court did expressly note) that this previously highly controversial issue was not even raised by Israel in these proceedings, supporting the view that the matter is now regarded as settled law.’

As the case was at a ‘preliminary measures phase’, South Africa only had to establish a prima facie case, that a ‘plausible’ argument can be made. He explains the basic three elements required for this, including ‘intent’, as well as the court’s response. 

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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