RT journal article
T1 The ICJ Order on provisional measures of January 2024 in South Africa v. Israel on Genocide Case: An expected but disappointing decision
A1 Fernández Arribas, Gloria
K1 Genocide Convention
K1 Gaza
K1 Palestinians
K1 Israel
K1 South Africa
K1 provisional measures
K1 plausibility
K1 ICJ
K1 self-defence
AB The ICJ’s Order on provisional measures in the case of the Application of the Conventionon the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel)raised a lot of interest, mainly concerning the ceasefire requested by South Africa. After the Order wasdelivered, a general feeling of disappointment seems to have taken hold. Yet the Court’s decision was notentirely unexpected, given the Court’s practice as well as the particularities and complexities of the case.In this work, we critically analyse the path followed by the Court leading to the rendering of itsprovisional measures. We pay particular attention to the requirements to be met: prima facie jurisdiction;the plausibility of the rights and its link with the requested measures; and irreparable prejudice andurgency. This editorial seeks to clarify the Court’s position and analysis, relating it to other orders so asto understand the provisional measures delivered.This case is not merely a legal issue. It is one of social interest. And too much was expected of the Courtin the wake of the extraordinary provisional measures rendered in Ukraine v. Russian Federation. Inthis latter case, however, the unmentioned issue of self-defence played an essential role, permeating thewhole process and limiting the extent of the measures.
PB Editorial Uca
SN 2341-0868
YR 2024
FD 2024
LK http://hdl.handle.net/10498/32055
UL http://hdl.handle.net/10498/32055
LA eng
DS Repositorio Institucional de la Universidad de Cádiz
RD 09-may-2026