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The Lawfare Podcast

Chimène Keitner on South Africa, Israel, and the Genocide Convention

Jan 17, 2024
Chimène Keitner, Martin Luther King Jr. Professor of Law at the University of California, discusses South Africa's petition against Israel under the Genocide Convention. Topics include analyzing genocidal intent, the impact of statements at the International Criminal Court, cybercrime targeting, and the challenges judges face in this complex issue.
57:09

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Quick takeaways

  • South Africa has filed a case against Israel in the ICJ under the Genocide Convention, alleging violations based on killings, displacement, and incitement to genocide against Palestinians in Gaza.
  • The ICJ will evaluate the plausibility of genocidal intent based on the conduct and statements of Israeli actors and is expected to issue a decision on provisional measures soon.

Deep dives

South Africa's Genocide Convention Case Against Israel

South Africa has filed a case in the International Court of Justice (ICJ) against Israel, alleging violations of the Genocide Convention. South Africa argues that Israel has plausibly violated the convention by committing acts including killings, displacement, and incitement to genocide against Palestinians in Gaza. South Africa's case focuses on the scale of devastation and the compilation of comments made by Israeli government and civil society actors that dehumanize Palestinians. Israel's defense asserts that its actions are not genocidal, but rather a response to Hamas attacks and that the necessary intent for genocide is not present. The ICJ is expected to issue a decision on provisional measures by the end of the month.

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