25th January 2024 (7 Topics)

Copy

1 Jan

2 Jan

3 Jan

4 Jan

5 Jan

6 Jan

8 Jan

9 Jan

10 Jan

11 Jan

12 Jan

13 Jan

15 Jan

16 Jan

17 Jan

18 Jan

19 Jan

20 Jan

22 Jan

23 Jan

24 Jan

25 Jan

26 Jan

27 Jan

29 Jan

30 Jan

31 Jan

South Africa's Case Against Israel in the International Court of Justice

Context:

The Republic of South Africa's proceedings against Israel in the International Court of Justice (ICJ) over the Gaza war serve as a crucial test for the 'rules-based international order.'

1. Legal Context and Genocide Allegations:

- South Africa's Application and Erga Omnes Obligation : Filed on December 29, 2023, alleging that Israel's military operations in Gaza violate the international Convention on the Prevention and Punishment of the Crime of Genocide. Every state has an obligation to prevent genocide, providing the basis for South Africa's standing in the case.

- ICJ Hearing: Held on January 11-12, 2024, to determine "provisional measures" while awaiting a ruling. Provisional measures require a plausible case for genocide, with a lower threshold of proof compared to a final hearing.

- Potential Provisional Measures: South Africa seeks an immediate end to military hostilities, awaiting the ICJ's decision on tailored provisional measures. Suggestions include ensuring entry of resources into Gaza, a humanitarian ceasefire, and restraining Israeli leaders from genocidal statements.

2. Debate and International Response:

- Intervening Countries: Bangladesh and Jordan support South Africa, while Germany supports Israel. The U.S., U.K., and France express opposition, with France threatening non-compliance if the ICJ finds genocide.

- South Africa's Case: Highlights Palestinian dispossession, Gaza war casualties, destruction of infrastructure, and genocidal statements by Israeli leaders.

- Israel's Defense: Denies dispute, argues open interpretation of statements, and justifies military operation as response to Hamas attacks.

3. ICJ vs. ICC:

- Non-State Actors: Hamas cannot be brought to the ICJ, but both Hamas and Israeli officials can face proceedings at the International Criminal Court (ICC).

- ICC Referral: The situation in Palestine/Israel has been referred to the ICC, but no further steps have been taken.

- Colonial Powers' Influence: Debate reflects a split between former colonial powers and others, raising questions about the legitimacy of international law.

You must be logged in to get greater insights.

India's Semiconductor Design-Linked Incentive Scheme for Strategic Advantage

Polity & Governance

A GST Dispute Settlement Scheme for a More Effective Tax System

Economy

Advancing Leprosy Eradication: India's New Treatment Regimen

Governance

The Free Movement Regime and India-Myanmar Border Dynamics

Internal Security

Indian Firms Allowed Direct Listing on GIFT-IFSC International Markets

Economy

Short News