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Evaluating Security Assistance to Israel Following ICJ Provisional Measures Order

The provisional measures order recently published by the International Court of Justice (ICJ) in the ongoing dispute between South Africa and Israel has widely been characterized as a warning to States that they risk violating the order and eventually being held complicit in genocide for continuing to provide security assistance to Israel. A legal advisor for the Middle East and North Africa program of the International Commission of Jurists, for example, reportedly told Al Jazeera that the ICJ “considers there to be a serious risk of genocide in Gaza.” This seemingly triggers the duty of all States that have ratified the Genocide Convention “to take concrete steps to prevent genocide, including by ceasing arms sales and exports and other assistance that could facilitate genocidal acts.” In a recent blog post here on EJIL: Talk!, Yussef Al Tamimi likewise concludes that States providing security assistance to Israel “will now have to be particularly cautious of” possibly…

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On State Responsibility for Complicity in Genocide: Will South Africa’s “All-In Strategy” Be Effective?

Introduction As is known, in its recent application brought against Israel before the ICJ, South Africa (SA) invoked the international responsibility of the Respondent for all acts under Article III of the 1948 Genocide Convention. Much can be found in the blogosphere on more general and procedural aspects arising from this potentially landmark…

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EJIL: The Podcast! Episode 24: The Third World: At the Centre of International Law?

Does the decision of the International Court of Justice with respect to Gaza illustrate the influence of Third World Approaches to International Law (TWAIL)? Has TWAIL perhaps become ‘mainstream’? And how germane are some of the critiques that have been levelled against TWAIL? In…

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Decoding Nicaragua’s Historic Request to Intervene in South Africa v Israel

Days before anyone could even read it, Nicaragua’s application to intervene under Article 62 of the ICJ Statute in South Africa v Israel made headlines around the world. To most observers, this intervention may recall those filed in Ukraine v Russia, another Genocide Convention case in…

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“Not All Scripts Come with One Voice”: Variations in State Responses to South Africa v Israel

This post examines responses to the ICJ 26 January Order on provisional measures (‘Order’) in South Africa v Israel by States in the West that regularly claim to subscribe to a so-called “rules-based international order”, a concept coined to replace the much more precise concept of international law, explained to the point by John Dugard…

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