In the aftermath of Israel's latest legal defeat at the International Court of Justice (ICJ) last week after an application by South Africa, many are asking whether there are not ambiguities in the judgment and whether the enforceability of the order is negatively impacted by that. (See Franny Rabkin’s analysis of the judgment in the Sunday Times. This article may be behind a paywall). My sense, however, is that any wording is unlikely to deter Israel from flouting binding legal judgments, given its own audacity and the protection it currently enjoys.
There have been calls for some time to change the Constitution, that pesky document that is a crucial pillar of South Africa’s democracy. But check who makes these calls and why, and their sinister agenda becomes clear.
This week, in a case that captured the world’s attention, South Africa and Israel faced off at the International Court of Justice. Sunday Times legal correspondent Franny Rabkin, who attended the proceedings, dissects the issues.
“Genocide can never be justified in any circumstances,” Vaughan Lowe KC said at the International Court of Justice on Thursday, on behalf of SA in its genocide case against Israel.