EJIL: The Podcast! Episode 23: Unhappy New Year! Genocide in the Courtroom

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In this episode, Dapo Akande, Marko Milanovic and Philippa Webb, joined by Mike Becker, discuss the oral hearings before the International Court of Justice on provisional measures in the South Africa v. Israel case, in which it is alleged that Israel is committing genocide in Gaza. How did the hearings go, what will the Court do now, and what will it eventually do on the merits? The discussion then moves to exploring recent trends in international litigation, and concludes by briefly examining the recent strikes by the US and UK on the Houthis in Yemen.

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Marty Lederman says

January 15, 2024

W/r/t the Red Sea: I'm not entirely clear on why you jump right into the question of whether the predicats for self-defense were satisfied. Assuming that the US/UK strikes were done with Yemen's consent (which is likely a fair assumption, though there's been a surprising absence of reference to Yemen's posture), do they even raise a question of self-defense? That is to say: There's no offended state party here, akin to Iran in the Oil Platforms case.

Nicolas Boeglin says

January 18, 2024

Dear EJIL- Talk colleagues

Many thanks for this extremely interestesting new "episode". Congratulations !

In order to complete the description on what is happening on the ground in Gaza, may I just quote UN Secretary General´s last declarations (January 15th):

"At the same time, the onslaught on Gaza by Israeli forces over these 100 days has unleashed wholesale destruction and levels of civilian killings at a rate that is unprecedented during my years as Secretary-General. The vast majority of those killed are women and children. Nothing can justify the collective punishment of the Palestinian people. The humanitarian situation in Gaza is beyond words. Nowhere and no one is safe"

Source: https://www.ochaopt.org/content/secretary-generals-remarks-press-stakeout

We don´t have a universal treaty to prevent monstrosities committed by States, but the very old UN Convention to Prevent and Punish Genocide of 1948 seems to be the correct instrument to use in this particular case.

Yours sincerely

Nicolas Boeglin

Note: may I refer you to a modest note on recent official supports to South Africa ´action begore ICJ, coming from several States in Latin America:

https://derechointernacionalcr.blogspot.com/2024/01/gaza-israel-bolivia-apoya-accion-de.html