- When the ICJ delivered its remarkable judgement two weeks later, in late January, its measured tones masked a damning verdict. The Court largely accepted South Africa’s narrative about Israel’s conduct of its military operations against Gaza. It dismissed Israel’s argument that there was no “dispute” between the two countries, holding that South Africa had issued a number of both bilateral and public statements since October that Israel’s actions amounted to a violation of the Genocide Convention. In its view, this gave the Court jurisdiction to hear the merits of South Africa’s claim. More importantly, the ICJ ruled that at least some of Israel’s military operations in Gaza could plausibly amount to genocide under the Convention, opening the door for the order of provisional measures against Israel.
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