The joint statement is thin on details, but Canada and The Netherlands will presumably seek to intervene as non-parties under Article 63 of the ICJ Statute (based on their status as parties to the #GenocideConvention).
I have previously raised doubts about the merits of intervention in this case. It can complicate the proceedings & may have limited (legal) benefit if states are simply expressing solidarity with #TheGambia. But it also creates opportunities to make complementary legal arguments.
The statement by Canada and The Netherlands suggests that they intend to focus particularly on the allegations of sexual and gender-based violence in this case. On these challenges in the #ICJ case, see this recent post by @akilaGJC. opiniojuris.org/2020/08/26/roh…
This @BBCNews piece addresses recent confusion about the term ‘plausibility’ in ICJ decisions: . It mostly gets this right; the ICJ refers formally to plausibility of 'rights’ rather than ‘claims’. But there is some lingering confusion here. 1/8bbc.com/news/articles/…
The article discusses a debate within the UK about whether the ICJ's January order—in which the ICJ found the rights at issue to be plausible AND a real & imminent risk of irreparable prejudice to those rights—meant it was incorrect to refer to a ‘plausible risk of genocide’. 2/8
The article describes this as a debate about whether the ICJ ‘was convinced there was a risk of that happening’. But is THAT really what the debate was about? The January order made it very clear that the ICJ saw a real risk of Genocide Convention violations *going forward*. 3/8
South Africa returns to the #ICJ once again seeking urgent provisional measures against #Israel. The request asks the ICJ to order Israel to immediately withdraw and cease the offensive in Rafah and relinquish control of the Rafah & Kerem Shalom crossings to allow in aid. 1/14
Very strong language: SA describes the #Rafah assault as ‘killing the Palestinian people of Gaza, while Israel is simultaneously starving them, and deliberately denying them humanitarian aid and the basic necessities of life’ (¶19). 2/14
The focus of the request is on how new facts (namely the Rafah assault & shutting down humanitarian aid entry points) amounts to a new urgent risk of irreparable prejudice harm to the rights at issue in the case. 3/14
Re Judge Donoghue's @BBCHARDtalk interview: I realize this won't satisfy many people, but there is a difference between saying (1) that the ICJ did not decide that claims of genocide are plausible (what she said) and (2) that the Court decided that such claims are NOT plausible.
The ICJ did NOT reject South Africa's genocide claims or declare than implausible (this is consistent with Judge Donoghue's remarks). One could instead think about this (i.e., plausibility of the *claim*) as a question the Court did not need to decide in granting interim relief.
What gets lost is that the ICJ found a real & imminent risk of irreparable prejudice to the plausible rights of Palestinians in Gaza. This is forward looking. This can be reasonably construed as a finding that S. Africa established a plausible risk of genocide *going forward*.
Having now had the chance to read the Day 2 transcript in #Nicaragua v #Germany, I think Nicaragua may come up empty at the #ICJ. Not because the law means that Nicaragua’s claims are fundamentally flawed or inadmissible, but because the facts, it appears, are on Germany’s side.
Germany’s argument on prima facie jurisdiction (plus Monetary Gold) was not wholly convincing. The key difference b/w claims based on existence of a serious risk of IHL violations/genocide versus claims requiring prior establishment of violations was too easily brushed aside.
That said, I would not discount Germany’s arguments about Nicaragua’s alleged failure to have established the existence of a dispute prior to bringing the case. This case may (unhelpfully?) demonstrate why the dispute requirement (which I strongly dislike) has some merit.
In response to #SouthAfrica’s request of 6 March 2024 & the deteriorating situation in #Gaza, the #ICJ has modified the provisional measures that it indicated against #Israel on 26 January. Here are some key points and observations on the decision and the separate opinions.🧵1/20
What has the ICJ ordered Israel to do? By unanimous vote, the Court directed Israel to take all necessary and effective measures to ensure unhindered provision at scale of urgently needed aid and basic services, including by increasing the number of land crossing points. 2/20
By 15-1, the Court ordered Israel to ensure that its military does not commit acts which violate the rights of Palestinians in Gaza as a protected group under the Genocide Convention, including by preventing delivery of humanitarian aid. 3/20
The #ICJ will issue its decision on #SouthAfrica’s request for provisional measures against #Israel starting at 1 pm today in The Hague. If you are watching the live feed at UN Web TV (), here are some key points to look out for. 🧵tinyurl.com/5n6m94px
Preliminary point: The ICJ will not make any determination today about whether Israel’s actions in #Gaza amount to genocide. This is a question for the merits phase. This decision is about protecting the rights at issue while the case is pending.
First, has SA met the threshold test for the ICJ to issue provisional measures (PMs)? Points of interest: 1. Has South Africa established that a bilateral dispute about the Genocide Convention existed between it and Israel prior to filing the case? This goes to jurisdiction.