South Africa v Israel: A Solomonic Decision as “Constructive Ambiguity”

Abstract

In its wise Order of 26 January 2024, the ICJ managed to make a virtue out of a necessity: Israel was not prohibited from continuing its combat operations but was reminded of its strict compliance with international humanitarian law and its obligation to avoid genocide. At the same time, the ICJ reiterated the requirement to respect the most fundamental rights and the core of humanitarian law to all warring factions. Despite still essentially being a court for inter-state disputes – it put the individual, the human being, at the centre. Henceforth, the ICJ’s order of provisional measures is a Solomonic decision at its best and a further step towards the “humanization of international law”.

Keywords

• Genocide
• ICJ
• Israel
• Israel
• South Africa
• Statute of the International Court of Justice | Vereinte Nationen