International Court of Justice

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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 the Gaza Strip, South Africa made three requests for provisional measures (here and here): the first request led to the indication of six provisional measures (Order of 26 January 2024 (“first Order”)), the second was refused by the International Court of Justice (“the Court”) (Decision of 16 February 2024), and the third resulted in the indication of new measures as well as some modifications of the Court’s previous Order (Order of 28 March 2024 (“second Order”)). In the third request, South Africa sought the “indication, clarification and/or modification” of some of the measures indicated in the first Order (Request, para 17). While Articles 75 and 76 of the Rules of Court (“the Rules”) allow the Court to indicate provisional measures and to subsequently modify or revoke such measures, the Rules are devoid of express provisions concerning requests for clarification…

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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 notion of plausibility in the Court’s jurisprudence (see, e.g., yesterday’s post by Roy Schondorf and also Mike Becker’s comments to that post; and the post by…

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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 Prevention and Punishment of the Crime of Genocide (“the Genocide Convention”)), the International Court of Justice (“ICJ”) indicated a number of provisional measures.   As part of its analysis,…

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Taking the Road Less Travelled: The ICJ’s Pragmatic Approach to Provisional Measures in Nicaragua v Germany

When President Salam announced the ICJ’s decision not to indicate provisional measures against Germany as requested by Nicaragua on Tuesday, the legal advisers of States lending support to the warring parties in Gaza were probably closely listening. As we argue in this post, the ICJ was acutely aware of the implications any decision would have…

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The Attainability of the Evidentiary Standard for Genocidal Intent in Gaza

Since 2019, the International Court of Justice (ICJ) has been perceived as a viable instrument for stopping ongoing genocides after the UN political organs have failed to take effective actions to that effect. Thus, under Article IX of the Genocide Convention (1948), South Africa took Israel to the ICJ alleging genocide against the Palestinians in Gaza after Israel’s…

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