"Challenging Israel: The Legal Battle Over Genocide in Gaza"

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Source: EJIL: Talk!
"Challenging Israel: The Legal Battle Over Genocide in Gaza"
Photo: EJIL: Talk!
TL;DR Summary

South Africa has requested the International Court of Justice (ICJ) to order Israel to suspend its military operations in Gaza as a provisional measure in a case alleging violations of the Genocide Convention. However, the ICJ's authority to indicate provisional measures is constrained by the right of self-defense recognized in Article 51 of the UN Charter. Therefore, if Israel's war against Hamas is an act of self-defense, the ICJ cannot order provisional measures that would impair the lawful exercise of that right. The ICJ should carefully consider how to tailor any provisional measures to be consistent with Israel's inherent right to self-defense, and any order should include a caveat recognizing Israel's right to lawfully exercise self-defense.

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