What does the ICJ say about actual commission of genocide in the South Africa v Israel order on provisional measures?
The ICJ order on provisional measures announced January 26th 2024 ended up in a manner that several legal commentators predicted (for my prognosis, see this post from January 9th 2024). The order's meaning is still contested, to some extent driven by what view one has on the underlying conflict. It reminds me of the aftermath of general election debates where each side want to cast their side as the "winner". Having said that, I would argue that already by having an other state filing a complaint for genocide against oneself (Israel) there is a loss for that state. At this stage, the issuance of provisional measures, neither side got entirely what they wanted from the ICJ.
There is a debate whether the ICJ ruled in its January 26th-order that Israel commits genocide. Going back to South Africa's application, it requested that Israel should "cease" and "desist from the commission" of genocidal acts (paras. 111 and 144).
In its order the ICJ doesn't use any of the words "desist", "cease" or "stop". Instead the ICJ explains that "the decision given in the present proceedings in no way prejudges ... the merits themselves" (paras. 30 and 84) and it uses the phrase "prevent the commisson" (para. 86).
The ICJ also states the following.In the Court’s view, the facts and circumstances mentioned above are sufficient to conclude that at least some of the rights claimed by South Africa and for which it is seeking protection are plausible. (para. 54)
This vagueness in language (and opaqueness, a word such as "existence" or "risk" appears missing) could be explained that even among the 15 judges who voted in favor of all the measures in the order, they may have different views on which rights are at risk.
Further, the Genocide convention is not only about sanctioning violations that have already occurred, article 1 of the convention provides that the states have an obligation "to prevent and punish". While "punish" is something retrospective, "prevent" concerns potential risks in the future. This obligation of prevention is not only in relation to acts of the state itself, but also in relation to individuals who are at risk of deviating from state policy or groups pursuing their own (genocidal) policies.
Considering that the ICJ has abstained from using words such as "desist", "cease" or "stop" and instead uses the word "prevent" the reasonable conclusion is that the operative paragraphs of the ICJ order are concerned with the future. That is also the main purpose of provisional measures as distinct from a judgment on merits.
This should be read together with ICJ order that Israel should "submit a report to the Court on all measures taken to give effect to this Order within one month as from the date of this Order."
As I see it, ICJ has put Israel at notice that its actions are monitored by the ICJ. As Itamar Mann has suggested one could call this "counter-genocidal governance", a suitable description of ICJ's order.
2 kommentarer:
How I got my lost funds recovered in binary options investment, through the help of Bruce David I have been in a deep shit all this while I almost lost all I have been investing from day one, I tried all I could to remain unbeatable I never gave up, sometime ago I was referred by a friend to one Mr David for assistance with his master class intelligence and strategy I'm able to make $10,000 weekly and also recovered all my lost funds. I'm so happy.
If you need his help you can contact him through his email brucedavid004@gmail.com or WhatsApp him: +447984406398
Investing online has been a main source of income, that's why knowledge plays a very important role in humanity, you don't need to over work yourself for money.All you need is the right information, and you could build your own wealth from the comfort of your home! Binary trading is dependent on timely signals, assets or controlled strategies which when mastered increases chance of winning up to 90%-100% with trading. It’s possible to earn $10,000 to $20,000 trading weekly-monthly in cryptocurrency(bitcoin) investment, just get in contact with Mr Bernie Doran my broker. I had almost given up on everything about binary trading and never getting my lost funds back, till i met with him, with his help and guidance now i have my lost funds back to my bank account, gained more profit and I can now trade successfully with his profitable strategies and signals! Reach out to him on Gmail ( BERNIEDORANSIGNALS@GMAIL.COM ) , or his WhatsApp : +1(424)285-0682 for inquiries
In a previous blogpost I made the argument that we as teachers "should encourage the students to use services such as ChatGPT, in their method sections they must explain which question they entered into services such as ChatGPT, how they then processed and developed the material, what analysis they did, etc".
I have now discussed the matter with my supervisor, the head of the law department at Stockholm University. He has approved that I test this approach in my course in International Criminal Law that starts 16th January 2023 (tomorrow). We will evaluate this and the department will consider the results from my course when adopting a department-wide policy on ChatGPT. Below you will find the instructions that I am giving my students. You are free to copy and modify my instructions, please provide a credit to me by linking to this blog post.
Skicka en kommentar