CAIS Virtual Panel Discussion | The South Africa ICJ Genocide Case Against Israel: Unpacking the Legal Implications and Future Compliance
On Friday, 26th of January 2024, the International Court of Justice (ICJ) issued its interim ruling in the landmark case brought by South Africa against Israel, relating to the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) in the Gaza Strip. In a request made in late December 2023, South Africa sought the Court's intervention to implement specific provisional measures aimed at "protecting against further, severe, and irreparable harm to the rights of the Palestinian people under the Genocide Convention" and "ensuring Israel’s adherence to its Genocide Convention obligations, which include refraining from genocide acts, preventing genocide, and punishing those responsible for such acts." The ICJ's interim decision mandated six provisional measures, notably instructing Israel to "take all measures within its power" to prevent death, destruction, and any acts of genocide in Gaza. This panel aims to illuminate the importance of this ruling, examine the compliance of the involved parties, and explore its legal ramifications. The discussion will encompass the various phases of the ICJ proceedings, analyse the meaning and implication of the different provisional measures, and deliberate on Australia's role in the case.