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

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.
- Why the ICJ Cannot Order Israel to Stop the War in Gaza as a Provisional Measure EJIL: Talk!
- Israeli lawmaker signs petition supporting Hague genocide hearings on Gaza war The Times of Israel
- How apartheid history shaped South Africa's genocide case against Israel The Guardian
- Mpumelelo Mkhabela | By taking Israel to court, SA is setting a precedent for itself News24
- Editorial | World must back SA in its call to end genocide - one of the most heinous atrocities | City Press News24
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