In this commentary, the author analyses the complexities of the International Court of Justice’s decision-making process and the delicate balance the Court strikes when dealing with politically sensitive and high-stakes international disputes.
Author
Rahul Mohanty, Assistant Professor, Jindal Global Law School, O P Jindal Global University, Sonipat, India
Summary
The International Court of Justice has recently given its order on provisional measures (which has since been modified twice) in the application filed by South Africa alleging acts of genocide on the part of Israel against the Palestinians in the ongoing conflict in Gaza.
The judges’ reasoning and the limitations and implications of these orders are analysed in depth. The ICJ seems to have walked a tightrope and balanced various interests and factors, including humanitarian considerations, various legal limitations and legitimacy concerns.
Published in: Economic and Political Weekly
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