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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. Israeli Prime Minister Benjamin Netanyahu swiftly rejected it as an outrageous

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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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