The Genocide Case against Israel: from the Victim’s Side to the Defendant’s Bench?

Abstract This article presents a scholarly analysis of the United Nations International Court of Justice’s ( icj ) preliminary rulings issued in January, March, and May 2024 regarding South Africa’s genocide case against Israel, initiated in December 2023. The study critically examines these initial rulings, identifying the compelling arguments presented by the Court and comparing it to some other recent cases such as Nicaragua v. Germany . Employing a legal analytical methodology, the piece argues for the significant judicial implications of the icj ’s preliminary findings and offers a tentative forecast for the expected main judgment. It further delves into the proper qualification of the crime of genocide as well as its characterization as a human rights law violation, providing the author’s perspective on the seriousness of the genocide allegations from both sides involved in this critical case. This study contributes to the existing scholarly literature on the Israeli-Hamas War and the broader Israeli–Palestinian conflict, emphasizing judicial aspects and the substantive part of international criminal law, specifically the crime of genocide. It aims to serve as a valuable resource for international law scholars, legal practitioners, academics, and students engaged in the complexities of state and individual criminal responsibility within the context of international law.