Evaluation of the provisional decisions issued by the International Court of Justice in the case of South Africa v. Israel in light of the Judicial precedents established by the Court

Abstract

It is important in every conflict - whether it takes the military, legal, or negotiated form - for each party to evaluate the tools in its hand, the goals that it can reach using these tools, and the expected losses as a result of using those tools, and not to exaggerate these estimates, whether negative or positive.

Accordingly, in this research, we discuss the evaluation of the provisional decisions issued by the International Court of Justice in the case of South Africa v. Israel in light of the judicial precedents established by the Court in terms of the definition of provisional and precautionary measures and procedures, the characteristics of the provisional and precautionary measures and procedures, and the goals that the provisional and precautionary measures and procedures seek to achieve. The Genocide Convention, similar cases considered by the International Court of Justice, a comparison between the conduct of the International Court of Justice in the Gaza case and similar cases before it, and expectations for the court’s conduct in the coming stages.