The Genocide Case at the ICJ: International Law and its Limits
UPSC Relevance
Prelims: International Law (International Court of Justice - ICJ, Genocide Convention, Jus Cogens, Erga Omnes), UN and its bodies (UNGA, UNSC, UN Charter), Current Events.
Mains:
GS Paper 2: Important International institutions, agencies and fora- their structure, mandate; Effect of policies and politics of developed countries on India’s interests.
GS Paper 4 (Ethics): International ethics, conscience.
Key Highlights from the News
South Africa (South Africa) has filed a case against Israel (Israel) in the International Court of Justice (International Court of Justice - ICJ), alleging that Israel's military actions in Gaza constitute genocide.
Although a final verdict has not yet been delivered, the court has asked Israel to take provisional measures (provisional measures) to ensure humanitarian aid, noting a "plausible risk" (plausible risk) that genocide may be occurring in Gaza.
According to the 1948 Genocide Convention (1948 Genocide Convention), genocide is defined as a crime committed with the "intent" (intent) to destroy, in whole or in part, a national, ethnic, racial, or religious group.
All states have an erga omnes (towards all) obligation to prevent genocide. South Africa filed this case based on this legal principle.
Proving genocidal intent (genocidal intent) is very difficult. Many countries criticize the ICJ's strict standards, saying they make proving genocide "almost impossible."
There have been calls to suspend Israel from the UN General Assembly for consistently violating the UN Charter.
In the UN Security Council, the US continuously vetoes (veto) resolutions against Israel.
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