The Genocide Case against Israel: from the Victims Side to the Defendants Bench?

Atadjanov R.
2024 Brill Nijhoff

Journal of International Peacekeeping
2024 #27 Issue 3 274 - 289 pp.

This article presents a scholarly analysis of the United Nations International Court of Justices (icj) preliminary rulings issued in January, March, and May 2024 regarding South Africas genocide case against Israel, initiated in December 2023. The study critically examines these initial rulings, identifying the compelling arguments presented by the Court and comparing it to some other recent cases such as Nicaragua v. Germany. Employing a legal analytical methodology, the piece argues for the significant judicial implications of the icjs preliminary findings and offers a tentative forecast for the expected main judgment. It further delves into the proper qualification of the crime of genocide as well as its characterization as a human rights law violation, providing the authors perspective on the seriousness of the genocide allegations from both sides involved in this critical case. This study contributes to the existing scholarly literature on the Israeli-Hamas War and the broader Israeli-Palestinian conflict, emphasizing judicial aspects and the substantive part of international criminal law, specifically the crime of genocide. It aims to serve as a valuable resource for international law scholars, legal practitioners, academics, and students engaged in the complexities of state and individual criminal responsibility within the context of international law.

genocide , Hamas , individual criminal responsibility , International Court of Justice , Israel , Palestine , State responsibility

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KIMEP University School of Law, Almaty, Kazakhstan

KIMEP University School of Law

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