On Friday, January 26, the International Court of Justice issued its Opinion granting provisional measures in South Africa’s genocide case against Israel. At this early stage of the proceedings, the Court did not determine whether Israel’s conduct amounts to genocide – that potential determination is left for what is known as the “merits” phase of the case, which will likely occur years from now.
Instead, today the Court held that Israel’s actions to minimize harm to civilians did not sufficiently remove the risk of irreparable harm and ordered Israel to take specific actions including refraining from acts under the Genocide Convention, preventing and punishing incitement to genocide and taking effective measures to allow for the provision of humanitarian assistance, among others.
Joining the show to discuss the Court’s Opinion and its implications are law professors Adil Haque, Oona Hathaway, and Yuval Shany. They have each written extensively about the case and its potential impact, including on Just Security.
Listen to the episode by clicking below.