by Joe Lauria at Consortium News
In its defense last Friday before the World Court against allegations by South Africa that it is committing genocide in Gaza and must be stopped, Israel made a legal argument that could torpedo the case if the court buys it.
In order for a claim to reach the International Court of Justice, there must be an established dispute between two states. Israel’s argument is that such a dispute was never established and thus the ICJ lacks jurisdiction to hear South Africa’s claim.
There would be a political outcry from those who seek to stop Israel’s ongoing slaughter in Gaza if the Court decides to dismiss the case on this technicality.
But given the pressure the Court is no doubt feeling from the United States, Germany and other allies of Israel it might be the best, if not the only way for the Court to escape without having to decide that it’s merely plausible that Israel is committing genocide.
That is the bar that needs to be met at this preliminary stage of the case for the Court to issue provisional measures to order Israel to cease its military operation.
The Dispute Over a Dispute
On Thursday, South Africa tried to build a case, probably in anticipation of Israel’s bid, that this was indeed a dispute between Israel and South Africa and it indeed belonged before the World Court.
John Dugard, a South African professor of international law, told the Court:…
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