(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.