Israel Raises Major Procedural Problem with South Africa Filing, Challenges “Genocidal Intent” by Citing Policies, Relief
It would be better if I were wrong. However, my take, having listened to the Israel presentation at the International Court of Justice hearing on South Africa’s genocide filing, is the court will not approve South Africa’s “request for the indication of provisional measures”.
Remember, this is not a final ruling on the allegation that Israel has been engaging in genocide. This is an expedited initial ruling, analogous to a preliminary injunction in the US. Here, the standard is that the plaintiffs presented a credible-enough factual and legal case regarding conduct that if not halted, could result in serious harm.
Mind you, this not being an Anglosphere court, the procedure and specific standards are different. In the normal course of events, the underlying case still proceeds on its normal (leisurely) timetable, with the alleged perps still perping until a final ruling.
Nevertheless the distressing thing is such a ruling against South Africa’s “request for the indication of provisional measures” would be ballyhooed by Israel and its backers as the court validating Israel’s version of events, that Hamas is a bunch of monsters and everything Israel did was warranted as self defense.
If Israel wins this round by successfully punching holes in the South Africa filing, particularly on procedure, don’t expect to see a lot of fastidious reporting.
If you managed to catch the start of Israel’s oral arguments, it was infuriating if you have been following the debunkings of Israel’s charge of Hamas engaging in wanton savagery during its October 7 raid. Expect Aaron Mate and Max Blumenthal having a field day shredding these recycled and largely debunked claims.
