Search results for ___ in ___ using the tag ICJ between 01/01/2008 and 23/05/2024 by ___.

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Request for “Clarification” or “Modification” of the Provisional Measures Orders: Different Paths, Same Destination?

Within three months of instituting proceedings against Israel in the case concerning the Application of the Convention on the Prevention and Punishment of the Crime of Genocide in…

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A Thought Experiment on Plausibility and ICJ Provisional Measures

The recent provisional measures orders of the International Court of Justice in the South Africa v. Israel and Nicaragua v. Germany cases have provoked much discussion of the…

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Implausible Confusion: The Meaning of “Plausibility” in the ICJ’s Provisional Measures 

Introduction  In its Order of 26 January 2024 in the case of South Africa v. Israel (brought under Article IX of the Convention on the…

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The Recent Genocide Cases and Public Interest Litigation: A Complicated Relationship

Here we go again! On 1 March 2024, Nicaragua instituted proceedings before the International Court of Justice (ICJ, the Court) against Germany for complicity in genocide. This…

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Gaza, Forced Displacement, and Genocide

International courts and commissions of enquiry have been reluctant to find that forced displacement constitutes genocide. Forced displacement, in its various forms, is a war crime (Rome…

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Still Valid: Provisional Measures in Ukraine v. Russia (Allegations of Genocide)

Problem The journey of the Ukraine v. Russia (Allegations of Genocide) dispute has generated much controversy as to perceived and real shifts in the ICJ’s…

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Legal Standard for Genocide Intent: An Uphill Climb for Israel in Gaza Suit

A critical issue in South Africa’s case against Israel for genocide in Gaza is the required intent to destroy a group, or at least a portion of a…

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Alleged Violations of the Duty to Ensure Respect for IHL and the Monetary Gold Principle

1. Introduction This post explores the nature of the duty to ensure respect for international humanitarian law (IHL) embodied in Common Article 1 of the Four…

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A Political Question Doctrine at the International Court of Justice? 

At the end of January 2024, the US District Court in Northern California applied the political question doctrine to dismiss a suit brought against the US President and…

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Unfulfilled Promises of the ICJ Litigation for Ukraine: Analysis of the ICJ Judgment in Ukraine v Russia (CERD and ICSFT)

1. Summary and Context On 31 January 2024, the ICJ delivered its long-awaited Judgment on the merits in the case Ukraine v Russia concerning alleged…

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