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Provisional Measures and International Responsibility in the Case of South Africa v. Israel Before the International Court of Justice: A Study on the Legal Implications of the Genocide Convention
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Ahmadreza Tohidi *1   , 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: (50 Views) |
| This study examines provisional measures protecting the Palestinian group in Gaza and their relationship with international responsibility in South Africa’s case against Israel before the International Court of Justice under the 1948 Genocide Convention. The topic matters because threatened rights require protection during litigation, while implementing international judicial orders presents practical difficulties. The central question asks how effectively provisional measures provide urgent protection and how they relate to establishing international responsibility and its legal consequences. Using descriptive and analytical methods, the study examines treaty provisions, Court orders, judicial precedents, and rules of State responsibility. It addresses the plausibility of protected rights, urgency, irreparable prejudice, attribution of conduct to State organs, prevention and punishment obligations, and consequences of responsibility. The findings establish that provisional measures provide binding preventive protection, while determining genocide and responsibility requires proof of the relevant elements at the merits stage. Attribution of military operations differs from establishing specific intent, and noncompliance with measures may generate independent responsibility. Established wrongful conduct entails cessation and full reparation through restitution, compensation, and satisfaction, with guarantees of nonrepetition where appropriate. Effective protection depends on compliance and international cooperation; third States’ prevention duties reflect their knowledge of risk and capacity to influence. |
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| Keywords: Provisional Measures, International Responsibility, International Court of Justice, Genocide Prevention, Reparation. |
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Full-Text [PDF 588 kb]
(78 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2026/10/12 | Revised: 2026/10/13 | Accepted: 2026/02/20 | Published: 2026/02/20
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