The ICJ’s Provisional Measures Order in the South Africa v. Israel Case: Unsurprising; Politically and Legally Significant

Document Type

Blog Posting

Publication Date

1-27-2024

Publication Title

OpinioJuris

Keywords

International Court of Justice (ICJ), South Africa, Israel, Gaza Strip, genocide

Abstract

On January 26, 2024, the International Court of Justice issued five provisional measures in the South Africa v. Israel case, brought by South Africa under the Genocide Convention. The purpose of this post is to briefly analyze the Court’s holding by focusing on unsurprising, surprising, and particularly significant elements of this decision. While it is uncertain whether the Court will find at the merits stage that genocidal acts have been committed by Israel in the Gaza Strip, it is unquestionable that the provisional measures stage represents a victory for South Africa.

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