Archiv: International Court of Justice (ICJ) / UN Court / World Court / Weltgerichtshof / established 1945


08.12.2024 - 08:55 [ Truthout.org ]

UN Palestine Expert: Israel Should Be Removed From UN Over UNRWA Attacks

(December 6, 2024)

The UN’s top independent expert on Palestinian human rights has repeated a call for Israel to be removed from its membership in the United Nations, citing its “relentless attacks” against the institution’s top aid group for Palestinian refugees.

On Thursday, UN Special Rapporteur for the occupied Palestinian territories Francesca Albanese said on social media that Israel should be unseated, echoing calls from numerous international law experts and advocates for Palestinian rights.

20.11.2024 - 14:48 [ PassBlue.com ]

A Movement to Suspend Israel From the UN Needs a Country to Take the Lead

(August 28, 2024)

Saleh Hijazi, a BNC adviser on apartheid-free policy, said he expected calls for Israel’s suspension to intensify next month with the opening of the 79th session of the General Assembly. UNGA, as it is known, begins on Sept. 10.

(The Palestinian delegation at the UN said on Aug. 22 that it was also planning to soon initiate an “actionable resolution” in the General Assembly, “demanding within a time frame the end of this illegal occupation and all other issues contained” in the ICJ advisory opinion.)

20.11.2024 - 14:36 [ Middle East Eye ]

Could Israel‘s Unrwa ban lead to its suspension from the UN?

(October 29, 2024)

Bjorge said the legislation is “an outrage” against a subsidiary organ of the General Assembly, and that the latter must “do everything within its capacity” to protect Unrwa.

“In the face of such an outrage against it, the UN must lose no time in taking action,” he said.

“It should request the International Court of Justice for an urgent advisory opinion, which under the General Convention on the Privileges and Immunities will be binding on Israel and on the United Nations itself.

20.11.2024 - 14:21 [ Guardian ]

Israel is a rogue nation. It should be removed from the United Nations

(October 15, 2024)

One rogue nation cannot declare war on the UN itself and continue to get away with it

17.11.2024 - 11:22 [ Guardian ]

Israel is a rogue nation. It should be removed from the United Nations

(October 15, 2024)

One rogue nation cannot declare war on the UN itself and continue to get away with it

15.11.2024 - 14:20 [ Wikisource.org ]

Convention on the Prevention and Punishment of the Crime of Genocide

(Adopted by Resolution 260 (III) A of the United Nations General Assembly on 9 December 1948.)

Article I

The Contracting Parties confirm that genocide, whether committed in time of peace or in time of war, is a crime under international law which they undertake to prevent and to punish.

Article II

In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.

Article III

The following acts shall be punishable:

(a) Genocide;
(b) Conspiracy to commit genocide;
(c) Direct and public incitement to commit genocide;
(d) Attempt to commit genocide;
(e) Complicity in genocide.

Article IV

Persons committing genocide or any of the other acts enumerated in article III shall be punished, whether they are constitutionally responsible rulers, public officials or private individuals.

(…)

Article IX

Disputes between the Contracting Parties relating to the interpretation, application or fulfilment of the present Convention, including those relating to the responsibility of a State for genocide or any of the other acts enumerated in article III, shall be submitted to the International Court of Justice at the request of any of the parties to the dispute.

11.11.2024 - 00:10 [ United-Nations.org ]

Charter Chapter XIV: The International Renewal Court of Justice

Article 96

(1) The General Assembly, the Governing Council or the Security Council may request the International Renewal Court of Justice to give an advisory opinion on any legal question.

(2) Other organs of the Renewed United Nations and specialised agencies, which may at any time be so authorised by the Governing Council or by the General Assembly, may also request advisory opinions of the Court on legal questions arising within the scope of their activities.

11.11.2024 - 00:00 [ United Nations ]

CONVENTION ON THE PRIVILEGES AND IMMUNITIES OF THE UNITED NATIONS Adopted by the General Assembly of the United Nations on 13 February 1946

SECTION 30. All differences arising out of the interpretation or application of the present convention shall be referred to the International Court of Justice, unless in any case it is agreed by the parties to have recourse to another mode of settlement. If a difference arises between the United Nations on the one hand and a Member on the other hand, a request shall be made for an advisory opinion on any legal question involved in accordance with Article 96 of the Charter and Article 65 of the Statute of the Court. The opinion given by the Court shall be accepted as decisive by the parties.

10.11.2024 - 18:48 [ MaktoobMedia.com ]

Malaysia prepares draft resolution to expel Israel from UN

(November 6, 2024)

Malaysian prime minister Anwar Ibrahim has announced that Malaysia is preparing a draft resolution for the UN General Assembly to expel Israel from the United Nations.

“We are also studying (a proposal)… after the violation of laws, principles and UN decisions, for Israel to be expelled as a member of the UN,” Anwar told parliament in a special address on Monday.

05.11.2024 - 17:04 [ MalayMail.com ]

PM Anwar: Malaysia’s firm stance on Israel goes beyond international willingness

Describing this statement as not being arrogant, he noted that his counterparts from numerous countries have also reminded him of the risks associated with being vocal on this matter.

“This morning, I talked with the foreign minister about the statements we have issued and how to ensure that Malaysia is not adversely affected.

“If you read the latest book on the roles of several countries, including the United States, you will see how many governments they have toppled because of the firm stance the countries were taking that they deemed contrary to their own. This is a risk I always consider and do not dismiss.”

05.11.2024 - 13:25 [ NST Online / Youtube ]

UN draft resolution: Malaysia proposes expelling Israel from UN

Malaysia has prepared a draft resolution of the United Nations General Assembly (UN) which, among others, suggests that Israel be removed as a member of the organisation should there be a violation of laws, rules and decisions in issues involving Palestine.

Prime Minister Datuk Seri Anwar Ibrahim told the Dewan Rakyat yesterday that the draft resolution is in the negotiation process and is expected to be tabled at the UN General Assembly for approval soon.

05.11.2024 - 13:22 [ AgenziaNova.com ]

Malaysia PM Anwar to propose expelling Israel from UN

“Strong measures, including the removal of Israel from the United Nations after its human rights violations and crimes of genocide, must be implemented as soon as possible,” Anwar said. “Malaysia will ensure that this agenda is heard and given attention, so that the atrocities of the Israeli regime can be stopped and that crucial aid can reach the Palestinian people at a time when the massacre continues to escalate,” the Malaysian prime minister said in a speech shared in part on the social media platform X.

05.11.2024 - 13:07 [ South China Morning Post ]

Malaysia seeks Israel’s expulsion from United Nations

Anwar said he would present the measure at an emergency summit convened by the Arab League in Riyadh next Monday.

05.11.2024 - 12:59 [ Borneo Bulletin ]

Malaysia part of group working on UN draft resolution mulling removal of Israel’s membership

KUALA LUMPUR (ANN/THE STAR) – Malaysia is playing a key role in drafting a United Nations resolution addressing the Israel-Palestine conflict, which could potentially seek to revoke Israel’s UN membership, Prime Minister Datuk Seri Anwar Ibrahim announced.

Speaking in the Dewan Rakyat on Monday, Anwar noted that the resolution also aims to obtain an advisory opinion from the International Court of Justice (ICJ) on the presence and operations of international agencies in Occupied Palestinian Territories (OPT).

04.11.2024 - 15:52 [ theStar.com.my ]

Malaysia part of group working on UN draft resolution mulling removal of Israel’s UN membership, says Anwar

The proposal, said Anwar, will be made at the Arab-Islamic summit in Riyadh, Saudi Arabia on Nov 11, which he will be attending.

“Malaysia intends to use this meeting to get support from Arab and Muslim nations on this initiative and to prevent the implementation of the Oct 28 decision of the Israeli Parliament to wipe out UNRWA and worsen the humanitarian situation in northern Gaza which has been ridden by famine since basic aid has been cut off,” Anwar said.

04.11.2024 - 15:09 [ theOnlineCitizen.com ]

Malaysia proposes UN Resolution to address Israel’s membership amid Palestine conflict

Malaysian Prime Minister Datuk Seri Anwar Ibrahim announced this development in the Dewan Rakyat (Parliament) on 4 November stating that the draft resolution is currently undergoing negotiation and is expected to be tabled at the UNGA for approval soon.

On 31 October 2024, Malaysia joined a Core Group tasked with preparing a resolution requesting an Advisory Opinion from the International Court of Justice (ICJ), according to Anwar.

01.11.2024 - 10:01 [ Guardian ]

Israel is a rogue nation. It should be removed from the United Nations

(October 15, 2024)

One rogue nation cannot declare war on the UN itself and continue to get away with it

01.11.2024 - 09:36 [ United-Nations.org ]

Charter Chapter XIV: The International Renewal Court of Justice

Article 96

(1) The General Assembly, the Governing Council or the Security Council may request the International Renewal Court of Justice to give an advisory opinion on any legal question.

(2) Other organs of the Renewed United Nations and specialised agencies, which may at any time be so authorised by the Governing Council or by the General Assembly, may also request advisory opinions of the Court on legal questions arising within the scope of their activities.

01.11.2024 - 09:28 [ United Nations ]

CONVENTION ON THE PRIVILEGES AND IMMUNITIES OF THE UNITED NATIONS Adopted by the General Assembly of the United Nations on 13 February 1946

SECTION 3. The premises of the United Nations shall be inviolable. The property and assets of the United Nations, wherever located and by whom soever held, shall be immune from search, requisition, confiscation, expropriation and any other form of interference, whether by executive, administrative, judicial or legislative action.

(…)

SECTION 30. All differences arising out of the interpretation or application of the present convention shall be referred to the International Court of Justice, unless in any case it is agreed by the parties to have recourse to another mode of settlement. If a difference arises between the United Nations on the one hand and a Member on the other hand, a request shall be made for an advisory opinion on any legal question involved in accordance with Article 96 of the Charter and Article 65 of the Statute of the Court. The opinion given by the Court shall be accepted as decisive by the parties.

30.10.2024 - 01:08 [ United-Nations.org ]

Charter Chapter XIV: The International Renewal Court of Justice

Article 96

(1) The General Assembly, the Governing Council or the Security Council may request the International Renewal Court of Justice to give an advisory opinion on any legal question.

(2) Other organs of the Renewed United Nations and specialised agencies, which may at any time be so authorised by the Governing Council or by the General Assembly, may also request advisory opinions of the Court on legal questions arising within the scope of their activities.

30.10.2024 - 00:59 [ United Nations ]

CONVENTION ON THE PRIVILEGES AND IMMUNITIES OF THE UNITED NATIONS Adopted by the General Assembly of the United Nations on 13 February 1946

SECTION 30. All differences arising out of the interpretation or application of the present convention shall be referred to the International Court of Justice, unless in any case it is agreed by the parties to have recourse to another mode of settlement. If a difference arises between the United Nations on the one hand and a Member on the other hand, a request shall be made for an advisory opinion on any legal question involved in accordance with Article 96 of the Charter and Article 65 of the Statute of the Court. The opinion given by the Court shall be accepted as decisive by the parties.

30.10.2024 - 00:00 [ Middle East Eye ]

Could Israel‘s Unrwa ban lead to its suspension from the UN?

Bjorge said the legislation is “an outrage” against a subsidiary organ of the General Assembly, and that the latter must “do everything within its capacity” to protect Unrwa.

“In the face of such an outrage against it, the UN must lose no time in taking action,” he said.

“It should request the International Court of Justice for an urgent advisory opinion, which under the General Convention on the Privileges and Immunities will be binding on Israel and on the United Nations itself.

14.10.2024 - 20:11 [ United Nations Regional Information Centre for Western Europe ]

South Africa vs Israel: 13 other countries intend to join the ICJ case

(October 6, 2024)

1. Nicaragua: applied to join on 8 February
2. Belgium: declared intention to join on 11 March
3. Ireland: declared intention to join on 27 March
4. Colombia: applied to join on 5 April
5. Turkey: declared intention to join on 1 May
6. Libya: applied to join on 10 May
7. Egypt: declared intention to join on 12 May
8. Maldives: declared intention to join on 13 May
9. Mexico: applied to join on 28 May
10. Chile: declared intention to join on 2 June
11. Palestine: applied to join on 3 June
12. Spain: declared intention to join on 6 June
13. Cuba: declared intention to join on 22 June

(…)

The ICJ has not granted any of the requests so far.

14.10.2024 - 05:52 [ 20min.ch ]

Guterres nennt Angriff auf UNO-Basis «mögliche Kriegsverbrechen»

Das Aussendepartement hat den israelischen Vorstoss in einen UN-Stützpunkt verurteilt.
Zuvor hatten israelische Panzer das Tor zu einer Unifil-Einrichtung durchbrochen, über ein Dutzend Blauhelme wurden verletzt.
Auch der Papst hat dazu aufgerufen, die «Friedenstruppen zu respektieren».

14.10.2024 - 05:35 [ France24.com ]

UN chief says attacks on UNIFIL ‚may constitute a war crime‘

(Issued on: 13/10/2024 – 22:57)

„In a deeply worrying incident that occurred today, the entrance door of a UN position was deliberately breached by IDF armored vehicles,“ he added in a statement.

At least five peacekeepers have been wounded in recent days as Israel targets Hezbollah in southern Lebanon.

09.09.2024 - 15:41 [ International Court of Justice ]

LEGAL CONSEQUENCES ARISING FROM THE POLICIES AND PRACTICES OF ISRAEL IN THE OCCUPIED PALESTINIAN TERRITORY, INCLUDING EAST JERUSALEM

(July 19, 2024)

278. Taking note of the resolutions of the Security Council and General Assembly, the Court is of the view that Member States are under an obligation not to recognize any changes in the physical character or demographic composition, institutional structure or status of the territory occupied by Israel on 5 June 1967, including East Jerusalem, except as agreed by the parties through negotiations and to distinguish in their dealings with Israel between the territory of the State of Israel and the Palestinian territory occupied since 1967. The Court considers that the duty of distinguishing dealings with Israel between its own territory and the Occupied Palestinian Territory encompasses, inter alia, the obligation to abstain from treaty relations with Israel in all cases in which it purports to act on behalf of the Occupied Palestinian Territory or a part thereof on matters concerning the Occupied Palestinian Territory or a part of its territory; to abstain from entering into economic or trade dealings with Israel concerning the Occupied Palestinian Territory or parts thereof which may entrench its unlawful presence in the territory; to abstain, in the establishment and maintenance of diplomatic missions in Israel, from any recognition of its illegal presence in the Occupied Palestinian Territory; and to take steps to prevent trade or investment relations that assist in the maintenance of the illegal situation created by Israel in the Occupied Palestinian Territory (see Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) notwithstanding Security Council Resolution 276 (1970), Advisory Opinion, I.C.J. Reports 1971, pp. 55-56, paras. 122, 125-127).

(…)

281. Finally, the Court is of the view that the precise modalities to bring to an end Israel’s
unlawful presence in the Occupied Palestinian Territory is a matter to be dealt with by the General Assembly, which requested this opinion, as well as the Security Council. Therefore, it is for the General Assembly and the Security Council to consider what further action is required to put an end to the illegal presence of Israel, taking into account the present Advisory Opinion.

01.05.2024 - 07:30 [ NZZ.ch ]

Internationaler Gerichtshof weist Eilanträge Nicaraguas gegen Deutschland wegen Vorwurfs der Beihilfe zum Genozid im Gazastreifen zurück

(30.04.2024)

Nicaragua hatte als vorläufige Massnahmen den sofortigen Stopp deutscher Rüstungslieferungen an Israel gefordert. Das zentralamerikanische Land begründete dies damit, dass Deutschland durch Waffenlieferungen an Israel einen Genozid ermögliche und damit gegen internationales Recht verstosse. Nicaragua hatte zudem eine Wiederaufnahme von Zahlungen eingefrorener Beiträge für das Palästinenserhilfswerk UNRWA im Gazastreifen gefordert.

29.04.2024 - 06:26 [ Middle East Monitor ]

World Court to rule Tuesday on case accusing Germany of facilitating Gaza genocide

“On Tuesday, 30 April 2024, the International Court of Justice will deliver its Order on the Request for the indication of provisional measures submitted by Nicaragua in the case concerning Alleged Breaches of Certain International Obligations in respect of the Occupied Palestinian Territory,” the Court said in a statement.

28.04.2024 - 08:30 [ International Court of Justice (ICJ) / Internationaler Gerichtshof ]

Alleged Breaches of Certain International Obligations in respect of the Occupied Palestinian Territory (Nicaragua v. Germany) – Request for the indication of provisional measures – The Court to deliver its Order on Tuesday 30 April 2024 at 3 p.m

THE HAGUE, 26 April 2024. On Tuesday 30 April 2024, the International Court of Justice will deliver its Order on the Request for the indication of provisional measures submitted by Nicaragua in the case concerning Alleged Breaches of Certain International Obligations in respect of the Occupied Palestinian Territory (Nicaragua v. Germany). A public sitting will take place at 3 p.m. at the Peace Palace in The Hague, during which Judge Nawaf Salam, President of the Court, will read the Court’s Order.

09.04.2024 - 16:42 [ New York Times ]

A Way to Rejoin The World Court

(19.07.1986)

The imprudence of this acceptance was demonstrated by the Nicaraguan case, in which the Court ruled that the United States is using force illegally in Central America. That case should not – and need not – have gone to the Court. To make sure the United States retains sovereign discretion to defend itself and its allies, any new American acceptance of the Court‘s compulsory jurisdiction should emulate the good sense of others like India and Kenya by excluding disputes involving armed conflict. America -acting alone or with its allies – still needs the freedom to protect freedom. The finger on the trigger cannot be that of the global judiciary.

09.04.2024 - 10:35 [ Wikipedia ]

Nicaragua v. United States

The Republic of Nicaragua v. The United States of America (1986)[2] was a case where the International Court of Justice (ICJ) held that the U.S. had violated international law by supporting the Contras in their rebellion against the Sandinistas and by mining Nicaragua‘s harbors. The case was decided in favor of Nicaragua and against the United States with the awarding of reparations to Nicaragua.

09.04.2024 - 10:24 [ History News Network - hnn.us ]

Isn‘t It Time We Rejoin the World Court? (We Left in 1986)

(no date / presumably 2004)

The protest at U.S. exemption of individuals from criminal jurisdiction has been widely reported. The continued refusal of the United States to subject its own actions, especially the use of force against others, to judgment by the ICJ has been treated as a non-event.

The president who turned America‘s back on judgment under international law was Ronald Reagan. His action resulted from fear (especially after prominent condemnation by Senators Barry Goldwater and Daniel Patrick Moynihan) of an adverse Court ruling in Nicaragua‘s case against the U.S.

09.04.2024 - 09:36 [ ZDF ]

Anhörung in Den Haag: Deutschland vor dem „Welt-Gericht“

Tatsächlich sitzt Deutschland allein auf der Anklagebank. Das ist möglich, weil es – so wie Nicaragua – den Gerichtshof anerkennt – und die UN-Konvention zur Verhütung von Völkermord. Auch die USA hatten ihre Zahlungen an UNRWA gestoppt, erkennen den IGH aber nicht an.
Nicaragua hatte noch weitere Länder im Visier: Kanada und Großbritannien haben eine Frist von einem halben Jahr, um zu reagieren. Und die Niederlande traten mit Nicaragua in einen Dialog – den Nicaragua mit Deutschland nicht suchte.

09.04.2024 - 09:34 [ UN Web TV ]

THE HAGUE – The International Court of Justice (ICJ) holds public hearings in the case Nicaragua v. Germany – Oral argument of Germany

The International Court of Justice (ICJ), the principal judicial organ of the United Nations, holds public hearings on the request for the indication of provisional measures submitted by Nicaragua in the case Nicaragua v. Germany on 8 and 9 April 2024, at the Peace Palace in The Hague, the seat of the Court. Session held under the presidency of Judge Nawaf Salam, President of the Court.

08.04.2024 - 18:04 [ International Court of Justice / Internationaler Gerichtshof ]

Public sitting held on Monday 8 April 2024, at 10 a.m., at the Peace Palace, President Salam presiding, in the case concerning Alleged Breaches of Certain International Obligations in respect of the Occupied Palestinian Territory (Nicaragua v. Germany)

The Government of the Republic of Nicaragua is represented by:

HE Mr Carlos José Argüello Gómez, Ambassador of the Republic of Nicaragua to the Kingdom of the Netherlands and Permanent Representative of the Republic of Nicaragua to the international organizations based in the Kingdom of the Netherlands, member of the International Law Commission,

as Agent and Counsel;

Mr Alain Pellet, Emeritus Professor of the University Paris Nanterre, former Chairperson of the International Law Commission, member and former President of the Institut de droit international,

Mr Daniel Müller, Founding Partner of FAR Avocats, member of the Paris Bar,

as Counsel and Advocates;

Ms Claudia Loza Obregon, Legal Adviser, Ministry of Foreign Affairs of the Republic of Nicaragua,
Mr Ysam Soualhi, PhD candidate, Faculty of Law, University of Angers,

as Assistant Counsel;

Ms Sherly Noguera de Argüello, Consul General of the Republic of Nicaragua,

as Administrator;

Ms Kassandra Gómez Pineda, First Secretary, Permanent Representation of the Republic of
Nicaragua to the Organisation for the Prohibition of Chemical Weapons,

Mr Pedro Hernández Balladarez, Financial Administrative Officer, Permanent Representation of the Republic of Nicaragua to the Organisation for the Prohibition of Chemical Weapons,

HE Mr Ammar Hijazi, Assistant Minister of Foreign Affairs and Expatriates for Multilateral Affairs of the State of Palestine,

HE Mr Omar Awadallah, Assistant Minister of Foreign Affairs and Expatriates for the United Nations and Specialized Agencies of the State of Palestine,

Mr Federico Argüello Noguera,

as Members of the Delegation.

The Government of the Federal Republic of Germany is represented by:

Ms Tania von Uslar-Gleichen, Legal Adviser and Director-General for Legal Affairs, Federal Foreign Office of the Federal Republic of Germany,

as Agent;

Ms Wiebke Rückert, Director for Public International Law, Federal Foreign Office of the Federal Republic of Germany,

08.04.2024 - 17:31 [ @onrust@infosec.exchange / Mastodon ]

„[A]ll the States parties to the Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949 are under an obligation, while respecting the United Nations Charter and international law, to ensure compliance by lsrael with international humanitarian law as embodied in that Convention.“ Nicaragua cites an ICJ advisory opinion from 2004.

Case: https://www.icj-cij.org/case/131
Document quoted: https://www.icj-cij.org/sites/default/files/case-related/131/131-20040709-ADV-01-00-EN.pdf (pdf)

08.04.2024 - 08:00 [ UN Web TV ]

THE HAGUE – The International Court of Justice (ICJ) holds public hearings in the case Nicaragua v. Germany – oral argument of Nicaragua

The International Court of Justice (ICJ), the principal judicial organ of the United Nations, holds public hearings on the request for the indication of provisional measures submitted by Nicaragua in the case Nicaragua v. Germany on 8 and 9 April 2024, at the Peace Palace in The Hague, the seat of the Court. Session held under the presidency of Judge Nawaf Salam, President of the Court.

08.04.2024 - 00:15 [ International Court of Justice / Internationaler Gerichtshof ]

Proceedings instituted by Nicaragua against Germany on 1 March 2024 – Request for the indication of provisional measures – Public hearings to be held on Monday 8 and Tuesday 9 April 2024

(15.03.2024)

It is recalled that Nicaragua filed an Application instituting proceedings against Germany concerning alleged violations by Germany of its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, the Geneva Conventions of 1949 and their Additional Protocols, “intransgressible principles of international humanitarian law” and other norms of general international law in relation to the Occupied Palestinian Territory, particularly the Gaza Strip (see press release 2024/19).
The hearings will be devoted to the request for the indication of provisional measures
contained in Nicaragua’s Application. Nicaragua asks the Court to indicate provisional measures as a matter of extreme urgency, pending the Court’s determination on the merits of the case, with respect to Germany’s “participation in the ongoing plausible genocide and serious breaches of international humanitarian law and other peremptory norms of general international law occurring in the Gaza Strip”.

06.04.2024 - 21:20 [ International Court of Justice ]

Proceedings instituted by Nicaragua against Germany on 1 March 2024 – Request for the indication of provisional measures – Public hearings to be held on Monday 8 and Tuesday 9 April 2024

(01.03.2024)

It is recalled that Nicaragua filed an Application instituting proceedings against Germany concerning alleged violations by Germany of its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, the Geneva Conventions of 1949 and their Additional Protocols, “intransgressible principles of international humanitarian law” and other norms of general international law in relation to the Occupied Palestinian Territory, particularly the Gaza Strip (see press release 2024/19).

The hearings will be devoted to the request for the indication of provisional measures contained in Nicaragua’s Application. Nicaragua asks the Court to indicate provisional measures as a matter of extreme urgency, pending the Court’s determination on the merits of the case, with respect to Germany’s “participation in the ongoing plausible genocide and serious breaches of international humanitarian law and other peremptory norms of general international law occurring in the Gaza Strip”.

30.03.2024 - 19:11 [ Atlantic Council ]

Could the US and other states be implicated in South Africa’s genocide case against Israel?

(16.02.2024)

In the case of South Africa v. Israel, two violations in particular have been raised: complicity in genocide and failure to prevent genocide. For complicity, the ICJ has explained that it includes “the provision of means to enable or facilitate the commission of the crime,” such as furnishing “aid or assistance.” The state needs at least to have acted knowing that the perpetrator of the genocide had a special intent, or dolus specialis, “to destroy, in whole or in part, a national, ethnical, racial or religious group, as such.” The ICJ left open the possibility that the complicit state would also need to share this special intent. However, courts have not required complicit parties to share the special intent in international criminal cases, suggesting that the ICJ might not require it.