The World Court Lacks Any Plausible Basis for Directing Provisional Measures Against Israel Under the Genocide Convention
On December 29, 2023, referencing the ongoing conflict between Israel and Hamas in the Gaza Strip, South Africa instituted proceedings against the State of Israel in the International Court of Justice (“ICJ”). In its Application to the ICJ, South Africa alleged that Israel, through its acts and omissions, breached and continues to breach the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (“Genocide Convention”). South Africa’s Application also contained a Request for the indication of provisional measures “pending the [ICJ’s] determination of the case on the merits.” (Application of Convention on Prevention and Punishment of Genocide (S. Afr. v. Isr.), 2024 I.C.J. 82, ¶ 144 (South Africa’s Application and Request for the Indication of Provisional Measures of Dec. 29, 2023)).
















