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Legal Arguments and Defenses in the Case of South Africa v. Israel befor the International Court of Justice: An Analytical Study in Light of the 1948 Genocide Convention
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Ahmadreza Tohidi1   , Jihad Abdul Hossein Yusuf2 |
1- Department of International Law, Faculty of Law, University of Qom, Qom, Iran.
2- PhD Student In the International Law Department, Faculty of Law, University of Qom, Qom, Iran. |
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Abstract: (10 Views) |
| This study examines the legal arguments and defences in South Africa v. Israel under the 1948 Genocide Convention. It assesses the strength of the evidence of Convention violations and the legal merits of the competing substantive and procedural arguments. Using descriptive and analytical methods, it compares the parties’ positions with treaty provisions, judicial precedents and official documents published up to 7 October 2026. Proof of killing and destructive conditions of life is distinguished from proof of intent to destroy the protected group. The study separates necessity and proportionality in self-defence from the rules protecting civilians, and examines the independent duty to prevent genocide through due diligence. South Africa’s standing rests on obligations erga omnes partes, while jurisdiction remains subject to Article IX. It addresses the jurisdictional objection included in Israel’s Counter-Memorial filed on 12 March 2026, without treating its timing as automatically extinguishing the objection, as well as the three provisional-measures orders and third-State interventions. The orders provide urgent judicial protection without determining that genocide has occurred. Effective protection also depends on compliance, enforcement, international cooperation and guarantees of non-recurrence. |
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| Keywords: Genocide, International Court of Justice, Specific Intent, Self-Defense, International Evidence. |
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Full-Text [PDF 694 kb]
(19 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2026/10/12 | Accepted: 2026/02/20 | Published: 2026/02/20
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