Author ORCID Identifier

https://orcid.org/0000-0002-6149-2462

Document Type

Article

Publication Date

2026

Source Publication

The Global Community Yearbook of International Law and Jurisprudence 2024

Keywords

genocide; duty to prevent; Gaza; Israel; South Africa; International Court of Justice; special intent

Abstract

South Africa’s genocide case against Israel at the International Court of Justice is best understood as a mode of judicial self-help, instead of a method of undermining Israel’s sovereignty. The fact that South Africa claims standing – based partly on its own obligation to prevent genocide – has been largely overlooked in scholarly discussions of the case. However, centring this fact allows us to see that it is Israel’s alleged intentional creation of circumstances that give rise to a serious risk of genocide in Gaza that constitutes the core of South Africa’s case. The plausible existence of such a risk can prevail independently of whether Israel or Israeli leaders currently possess – or will ever possess – genocidal intent. Viewed in this light, Israel’s main defence to South Africa’s allegations – namely, that there is no plausibility to the claim that Israel harbours “intent to destroy” – is sharply undermined.

Comments

Note: Although the Yearbook is temporarily published under a book contract, its contributions are to be treated and described as peer-reviewed articles in accordance with its long-standing editorial practice.

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