Dobra razlaga pravnika Mika Beckerja, profesorja prava in nekdanjega uslužbenca Mednarodnega sodišča za vojne zločine v Haagu glede tega, kako se utegne razviti tožba Južnoafriške republike proti Izraelu glede potencialnega akta genocida v Gazi.

Two points about #SouthAfrica’s new #ICJ case against #Israel alleging violations of the #GenocideConvention re #Gaza. First, it’s important to recall that at the provisional measures phase, the #ICJ does *not* need to determine whether Israel has committed acts of genocide.

Instead, the #ICJ will consider (i) whether acts complained of by South Africa are capable of falling within provisions of the #GenocideConvention, and (ii) whether Palestinians in Gaza face a real and imminent risk of genocide going forward (& while the case is pending). 

The #ICJ explained this in its provisional measures order in #TheGambia v #Myanmar. So even for those who believe it will be impossible to prove genocidal intent on the merits, this is not an obstacle to the ICJ finding that the requirements for provisional measures are met.

Second, many international legal experts have been cautious about attaching the genocide label to events in Gaza, at least in the early days of Israel’s response to the Oct 7 atrocities. One reason for caution is the ICJ’s extremely restrictive approach to genocidal intent. 

Among other things, the ICJ has required that where genocidal intent is based on pattern-of-conduct evidence, the intent to physically destroy the protected group in whole or in part must be the only reasonable inference that can be drawn (see Croatia v Serbia, para 417). 

Many of the same international legal experts that were skeptical about immediately accusing Israel of genocide had little difficulty describing Israel’s actions as war crimes or crimes against humanity. But this brings me to the second point. 

It is entirely possible for a situation involving serious IHL violations – but *not* amounting to genocide – to evolve over time into a situation that *does* meet the legal definition of genocide. The ICJ now has the opportunity to decide whether this is the case in #Gaza.

Vir: Mike Becker, X

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* Michael A Becker is Assistant Professor of International Human Rights Law. Mike holds a law degree from Yale Law School and a B.A. in Political Science and French from Amherst College. He is completing his PhD dissertation at the University of Cambridge as a WM Tapp scholar at Gonville and Caius College. Prior to entering academia, Mike served as an Associate Legal Officer at the International Court of Justice in The Hague from 2010 to 2014.