South Africa v Israel: A Solomonic Decision as “Constructive Ambiguity”
In its wise Order of 26 January 2024, the ICJ managed to make a virtue out of a necessity: Israel was not prohibited from continuing its combat operations but was reminded of its strict compliance with international humanitarian law and its obligation to avoid genocide. At the same time, the ICJ rei...
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| Format: | Article |
| Language: | deu |
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Max Steinbeis Verfassungsblog GmbH
2024-01-01
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| Series: | Verfassungsblog |
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| Online Access: | https://verfassungsblog.de/south-africa-v-israel-a-solomonic-decision-as-constructive-ambiguity/ |
| _version_ | 1797338147727605760 |
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| author | Peter Hilpold |
| author_facet | Peter Hilpold |
| author_sort | Peter Hilpold |
| collection | DOAJ |
| description | In its wise Order of 26 January 2024, the ICJ managed to make a virtue out of a necessity: Israel was not prohibited from continuing its combat operations but was reminded of its strict compliance with international humanitarian law and its obligation to avoid genocide. At the same time, the ICJ reiterated the requirement to respect the most fundamental rights and the core of humanitarian law to all warring factions. Despite still essentially being a court for inter-state disputes – it put the individual, the human being, at the centre. Henceforth, the ICJ’s order of provisional measures is a Solomonic decision at its best and a further step towards the “humanization of international law”. |
| first_indexed | 2024-03-08T09:26:48Z |
| format | Article |
| id | doaj.art-4aaa8c018a704ed2a42857866eed4a6a |
| institution | Directory Open Access Journal |
| issn | 2366-7044 |
| language | deu |
| last_indexed | 2024-03-08T09:26:48Z |
| publishDate | 2024-01-01 |
| publisher | Max Steinbeis Verfassungsblog GmbH |
| record_format | Article |
| series | Verfassungsblog |
| spelling | doaj.art-4aaa8c018a704ed2a42857866eed4a6a2024-01-31T08:29:50ZdeuMax Steinbeis Verfassungsblog GmbHVerfassungsblog2366-70442024-01-012366-704410.59704/19dad998883134b8South Africa v Israel: A Solomonic Decision as “Constructive Ambiguity”Peter Hilpoldhttps://orcid.org/0000-0001-9947-3972In its wise Order of 26 January 2024, the ICJ managed to make a virtue out of a necessity: Israel was not prohibited from continuing its combat operations but was reminded of its strict compliance with international humanitarian law and its obligation to avoid genocide. At the same time, the ICJ reiterated the requirement to respect the most fundamental rights and the core of humanitarian law to all warring factions. Despite still essentially being a court for inter-state disputes – it put the individual, the human being, at the centre. Henceforth, the ICJ’s order of provisional measures is a Solomonic decision at its best and a further step towards the “humanization of international law”.https://verfassungsblog.de/south-africa-v-israel-a-solomonic-decision-as-constructive-ambiguity/GenocideICJIsraelIsraelSouth AfricaStatute of the International Court of Justice | Vereinte Nationen |
| spellingShingle | Peter Hilpold South Africa v Israel: A Solomonic Decision as “Constructive Ambiguity” Verfassungsblog Genocide ICJ Israel Israel South Africa Statute of the International Court of Justice | Vereinte Nationen |
| title | South Africa v Israel: A Solomonic Decision as “Constructive Ambiguity” |
| title_full | South Africa v Israel: A Solomonic Decision as “Constructive Ambiguity” |
| title_fullStr | South Africa v Israel: A Solomonic Decision as “Constructive Ambiguity” |
| title_full_unstemmed | South Africa v Israel: A Solomonic Decision as “Constructive Ambiguity” |
| title_short | South Africa v Israel: A Solomonic Decision as “Constructive Ambiguity” |
| title_sort | south africa v israel a solomonic decision as constructive ambiguity |
| topic | Genocide ICJ Israel Israel South Africa Statute of the International Court of Justice | Vereinte Nationen |
| url | https://verfassungsblog.de/south-africa-v-israel-a-solomonic-decision-as-constructive-ambiguity/ |
| work_keys_str_mv | AT peterhilpold southafricavisraelasolomonicdecisionasconstructiveambiguity |