Ido Rosenzweig
Times of Israel, Jan. 27, 2024
“… one cannot underestimate the damage caused to the country by the outrageous statements of politicians, commentators, public figures, and soldiers. The ICJ made it clear that these statements played a significant role in the decision to grant provisional measures because these statements help establish the possibility of genocide based on the notion of “intent.””
Friday, as the world observed International Holocaust Remembrance Day (events were scheduled earlier due to the Sabbath), the International Court of Justice (ICJ) revealed the decision regarding provisional measures in the proceedings initiated by South Africa against Israel for the alleged genocide in Gaza. It’s important to note that this decision applies only to provisional measures. The ICJ decided only regarding the prima facie grounds of jurisdiction based on information presented by South Africa and Israel.
Ultimately, this decision can be seen as the best outcome for Israel given the circumstances, or as the least undesirable decision the ICJ could have made. The decision is positive because the ICJ rejected the most extreme and detrimental measures requested by South Africa – measures such as a cessation of hostilities and the immediate return of the Gaza population to the northern strip. These measures would have significantly hindered Israel and the IDF’s ability to combat Hamas. Considering the low threshold required for granting provisional measures in such proceedings, this represents a remarkable success for the Israeli defense team led by Professor Malcolm Shaw, Dr. Tal Becker – the legal advisor to the Ministry of Foreign Affairs, and Dr. Gilad Noam – the Deputy Attorney General.
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