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(Bloomberg) Noah Feldman - On January 11-12, Israel defended itself against genocide allegations in the UN's International Court of Justice. The ICJ is not a criminal court. It can't try people for war crimes or crimes against humanity such as genocide. That makes it very different from the International Criminal Court. South Africa is asking the court to issue a provisional order directing Israel to stop its military operations in Gaza. Even if the court were to do so, it has no direct mechanism for enforcement. Any enforcement action would have to come from the UN Security Council, where the U.S. has a veto. In 2022, the ICJ changed its rules, allowing any country to sue any other country. Previously, to bring a suit in the ICJ, a state had to show that it had been directly affected by the actions of the party it was suing. To issue a provisional order, all the ICJ has to do is to find that the allegations are "plausible." That exceedingly low standard makes for an attractive opportunity for governments to score political points by hauling other governments into court. 2024-01-12 00:00:00Full Article
Israel's Genocide Trial Isn't What It Seems
(Bloomberg) Noah Feldman - On January 11-12, Israel defended itself against genocide allegations in the UN's International Court of Justice. The ICJ is not a criminal court. It can't try people for war crimes or crimes against humanity such as genocide. That makes it very different from the International Criminal Court. South Africa is asking the court to issue a provisional order directing Israel to stop its military operations in Gaza. Even if the court were to do so, it has no direct mechanism for enforcement. Any enforcement action would have to come from the UN Security Council, where the U.S. has a veto. In 2022, the ICJ changed its rules, allowing any country to sue any other country. Previously, to bring a suit in the ICJ, a state had to show that it had been directly affected by the actions of the party it was suing. To issue a provisional order, all the ICJ has to do is to find that the allegations are "plausible." That exceedingly low standard makes for an attractive opportunity for governments to score political points by hauling other governments into court. 2024-01-12 00:00:00Full Article
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