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Because South Africa at the moment is not seeking to have Israel already convicted of Genocide—that is reserved for a later date—but only wants to move the International Court of Justice (ICJ) to issue “provisional measures” in the form of a cease and desist order, Isreal really stands no chance of “disproving” at the current stage its Genocide.
But what Israel can do, and indeed it staying to do, is to show that due to technicalities, the Genocide Convention does not apply and the case should be dismissed.
It is a technicality in the rules of the court that a dispute between the parties must already have existed before one party can drag the other one before the ICJ. If this argument sticks, then it’s up to the judges in question if they will go on with the case or not. In this video, I’ll discuss the basis of these arguments and also look at the composition of the court to figure out how likely it is that the court will take the case forward.
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