Suchergebnisse

After four applications for provisional measures, three sets of formal orders and two rounds of oral hearings, on Friday night, the International Court of Justice in South Africa v. Israel delivered a long-awaited Order. It is, to be frank, most unsatisfactory. While the Court is known for its "Solomonic" decisions, which try to give each party a little of what they asked for at times to no one's satisfaction, this is not a maritime boundary delimitation where equidistance can be imposed in pursuit of impartiality.

On 23 January 2024, Nicaragua applied for permission to intervene in the case concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel). Nicaragua's application will drag proceedings out one way or another. Potentially it means the Court must hear and decide upon a third version of events, clouding South Africa's original case. If this case is really about addressing what the Court described as a 'human tragedy' in Gaza and not just about political point-scoring, Nicaragua, by trying to help, may just have made things worse.

Abstract
Over the course of his distinguished career, one of the central focus points in the work of Judge James Crawford was the role for the International Court of Justice in multilateral disputes and those engaging community norms. There are two judicial procedures in respect of which the multilateral or communitarian nature of the dispute is particularly contentious: standing, and intervention. This paper considers the Court's most recent jurisprudence in respect of these procedures, with particular attention paid to Crawford's own engagement with this field as both a scholar and Judge.