Time of war and time in war

: examining the South Africa vs. Israel case

Abstract

In the complex arena of international conflicts, the Palestinian-Israeli dispute emerges as a compelling narrative marked by a historical accusation filled with legal maneuvers and geopolitical tensions. From territorial claims to South Africa’s advocacy for Palestinian rights before the ICJ, each aspect reveals layers of complexity in the ongoing conflict. Notably, the ICJ’s first and recent provisional measures indicate a nuanced understanding of the conflict’s evolving dynamics, reflecting the Court’s pivotal role in navigating global tensions. While refraining from a definitive ruling on genocide, the Court’s acknowledgment of the plausibility of South Africa’s claims underscores the magnitude of the situation. Simultaneously, the ICC emerges as a crucial arbiter of justice, transcending political pressures to uphold accountability. However, the challenge of demonstrating intent in cases involving states poses a significant obstacle, prompting critical reflections on the application of international law in such sensible scenarios. This dispute, reminiscent of a global broadcast of atrocity, compels us to confront the darkest chapters of history and reaffirms the imperative of seeking justice and protecting civilian populations.

Date of Award	16 Jul 2024
Original language	English
Awarding Institution	Universidade Católica Portuguesa
Supervisor	José Azeredo Lopes (Supervisor)