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02 February 2024 / Marc Weller
Issue: 8057 / Categories: Features , Profession , International
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South Africa v Israel: A dilemma for the ICJ

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As the court orders Israel to prevent genocidal acts, Marc Weller analyses the decision, the response & its implications
  • The court faced a dilemma in this highly political case. But it has decided a long list of cases involving the use of force between states.
  • The court did not formally conclude that Israel has engaged in acts of genocide. Rather, it found that South Africa could plausibly argue that the conduct falls within the ambit of the Genocide Convention.
  • Even though there was no cease-fire order, the case has important ramifications for the conflict.

International law has made the global headlines again. The eagerly anticipated preliminary measures order rendered by the International Court of Justice (ICJ) in the Gaza genocide case brought by South Africa against Israel has commanded world-wide attention. As could be expected, the decision has received a mixed reception.

The President of South Africa, Cyril Ramaphosa, immediately hailed the decision as a victory for international law, for his country and for Palestine.

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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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