Categories: News

“France Should Intervene in Proceedings Brought by South Africa Against Israel”

LArticle 63 of the Statute of the International Court of Justice (ICJ) provides the possibility for any state to assert its interpretation of a multilateral convention to which it is a party. When this agreement is in dispute. A so-called “intervening” state can, by doing so, influence the interpretation of the Convention by the Court: it will then be binding on it as it is in principle for the parties to the dispute.

This process has been very successful, with a rich and recent litigation initiated by the application of the December 9, 1948 Convention on the Prevention and Punishment of the Crime of Genocide. Seven states have intervened in the case. Gambia Vs. Myanmar

and thirty-two in the case Ukraine vs. Russia.

For a convention in which this number should not be surprising “Contracting States have their own (but) only, each and every, common interest, which is to preserve the higher end which is the reason for the existence of the Convention” (Advisory Opinion of May 28, 1951, “Reservations to the Genocide Convention”). France is among the intervenors, in the first case jointly with five other states, in the second case individually.

Also Read | War in Gaza: South Africa accuses Israel of engaging in “acts of genocide”.

Like Germany, which announced on January 12, France will also intervene on December 29, 2023 in the proceedings brought by South Africa against Israel regarding the application of the Convention in the Gaza Strip. It is required for the continuity and rationale of its legal policy, especially since it will participate, like many states, in a consultative process regarding “the legal consequences arising from Israel’s policies and practices in the Occupied Palestinian Territory, including East Jerusalem”, only one through the United Nations General Assembly. Activated years ago.

But first of all because “Words Have Meaning”As announced in the National Assembly on January 17, the Foreign Minister (Stefan Sejourn) During questions to the government, that France should intervene to echo these words in strict terms of law.

Other reasonable conclusions

The acts recorded by the 1948 Convention and inflammatory declarations by agents and supreme organs of the State of Israel, which South Africa cites to provide evidence of genocide, are part of a very specific context. Different from the Rohingya of Burma: namely the massive military response launched by Israel on the basis of its right to self-defense against the full-scale armed offensive launched against it by Hamas on October 7.

You have 60% of this article left to read. The rest is reserved for subscribers.

Source link

Admin

Share
Published by
Admin

Recent Posts

100 million degrees for 48 seconds: South Korea’s ‘artificial sun’ moves closer to nuclear revolution

This is a new record that scientists from the Korea Fusion Energy Institute (KFE) have…

8 months ago

The report offers solutions for insurers facing future growth in natural disasters

Damages associated with drought, floods, hail and other increasingly violent events are expected to increase…

8 months ago

You still have time to claim this exciting investigation

An estimated 9 million people in the United States are still waiting for their final…

8 months ago

IDF recognizes “serious mistake” in killing seven members of NGO World Central Kitchen

The death of seven humanitarian workers from the American NGO World Central Kitchen in an…

8 months ago

Fortnite Shop Apr 3, 2024 – Fortnite

Today, at one o'clock in the morning, Gamer updates it Boutique de Fortnite Through the…

8 months ago

Sharon Stone tried to make a Barbie movie in the 1990s

The Basic Instinct and Casino actress looks back at a time in Hollywood when adapting…

8 months ago