Summary
KC, Emeritus Sir Robert Jennings Professor of International Law, University of Leicester, counsel and advocate for Israel in South Africa v. Israel (Genocide Convention), who argued prima facie jurisdiction and the preservation of the parties’ rights on 12 January 2024 (Verbatim record CR 2024/2 — Public sitting of 12 January 2024, oral argument of Israel (South Africa v. Israel), PDF p.8, p.22-40).
Details
- He argues the proximate context is 7 October 2023 and an armed conflict regulated by international humanitarian law, that no dispute under Article IX existed at filing because South Africa’s claim was not positively opposed through an exchange and Israel offered a Directors General meeting on 26-27 December 2023 before filing, and that intent is a necessary element of any prima facie assessment (PDF p.22-31).
- On intent he argues government policy is to be read from the War Cabinet and Ministerial Committee decisions and IDF directives in the Volume, not from random quotes, quoting Netanyahu’s 10 January 2024 statement and his fuller 28 October 2023 Amalek statement; on rights he argues the Court must preserve the respective rights of both parties, chief among Israel’s being self-defence (PDF p.31-40).
Related pages
Verbatim record CR 2024/2 — Public sitting of 12 January 2024, oral argument of Israel (South Africa v. Israel), South Africa v. Israel (Genocide Convention), Genocidal intent, Provisional measures, Tal Becker