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The Story

South Africa’s genocide case against Israel

Jan 18, 2024
Holger Hes, a leading expert in international law, discusses South Africa's case against Israel for alleged genocide in Gaza, exploring the legal aspects, Israel's defense, and challenges within international law.
32:16

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Podcast summary created with Snipd AI

Quick takeaways

  • South Africa alleges that Israel is failing to prevent and committing genocide in the current conflict in Gaza, while Israel maintains there is no genocidal intent and points out acts of terrorism by Hamas.
  • The International Court of Justice (ICJ) is examining South Africa's case against Israel based on the Genocide Convention, but the ICJ's judgments are declaratory and lack enforceability, highlighting the challenges of seeking justice for genocide without a robust enforcement mechanism.

Deep dives

The Case and Definition of Genocide

The podcast explores the case brought by South Africa against Israel in the International Court of Justice, where South Africa alleges that Israel is failing to prevent genocide, conspiring to commit genocide, and committing genocide. The podcast also discusses the legal definition of genocide, which consists of two elements: atrocious acts against a group and the intent to destroy that group. South Africa argues that Israel's actions and genocidal statements provide evidence of genocidal intent, while Israel maintains that there is no genocidal intent and points out the acts of terrorism and self-defense by Hamas.

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