Will the International Court of Justice (ICJ) order Israel to cease or curtail its military operations in Gaza as a provisional measure, as South Africa requested in its proceedings against Israel under the Genocide Convention? That is the “big question,” as Professor Mike Becker put it. And Israeli officials are reportedly concerned about the “real danger that the court will issue an injunction calling on Israel to halt its fire.” This post argues that the ICJ’s authority to indicate provisional measures is constrained by the right of self-defense recognized in Article 51 of the UN Charter. Therefore, on the (plausible) assumption that Israel’s war against Hamas is an act of self-defense with the meaning of Article 51, the ICJ cannot order provisional measures that would impair the lawful exercise of that right.
Provisional Measures
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Guyana v Venezuela: Intriguing Pleadings in an (In)conspicuous Case
On 14 and 15 November, the ICJ held oral arguments on the request for provisional measures in Guyana v Venezuela. Although, initially the chances of Guyana’s success were deemed doubtful, the ongoing events and arguments put forward by the parties have unfolded as quite intriguing. If the Court were to address all aspects, surprisingly, this…
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