“Critically compare the majority and the minority judgments in the “Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip-South Africa v Israel”, before the International Court of Justice,- on three critical points.
1. Interpretation of the Convention on the Prevention and Punishment of the Crime of Genocide:
The majority judgment in the case focused on interpreting the provisions of the Genocide Convention narrowly, requiring clear evidence of specific intent to destroy a particular group in order to establish genocide. In contrast, the minority judgment took a broader approach, arguing that the Convention should be interpreted in light of the broader principles of international humanitarian law, and that the actions of Israel in the Gaza Strip amounted to genocide due to the disproportionate use of force and targeting of civilians.
2. Assessment of Israel's actions in the Gaza Strip:
The majority judgment in the case concluded that Israel's actions in the Gaza Strip did not meet the legal threshold for genocide, focusing on the lack of evidence of specific intent to destroy the Palestinian people as a whole. However, the minority judgment strongly criticized Israel for its use of force and targeting of civilians, arguing that these actions amounted to genocide under a broader interpretation of the Genocide Convention.
3. Role of the International Court of Justice:
The majority judgment emphasized the limited role of the International Court of Justice in adjudicating disputes between states, and the need for a clear legal basis for finding a state guilty of genocide. In contrast, the minority judgment argued for a more proactive role for the Court in holding states accountable for violations of international law, particularly in cases where there is evidence of grave human rights abuses. The minority judgment also criticized the lack of political will among states to address the situation in the Gaza Strip, and called for stronger action to prevent further atrocities.