The Body of the Judge and the Suffering of the Collective - South Africa’s Genocide Application and the Power of Minority Opinions Mann, Itamar Author aut Text xx# 2024 Verfassungsblog 2024-01-08 eng
electronic resource
remote
Computermedien
Online-Ressource
 The widespread prediction among experts right now is that Israel’s chances of prevailing at the ICJ in its response to South Africa’s genocide application are slim. Let’s assume, for a moment, that the prediction is accurate. As has been reported, Israeli authorities, too, have acknowledged that there’s a real risk of an ICJ decision against Israel. What does this mean for Israel’s legal strategy? When a party is preparing to lose in a proceeding, one relevant question is what the minority opinion will look like. Aharon Barak’s appointment as an ad-hoc judge for the ICJ proceedings may reveal some of the outlines Israel is preparing for this minority opinion: even if we lose, we may still try to convince the world that the issue at hand is none other than the memory of the Holocaust. But this is a morally and politically risky choice to make. CC BY-SA 4.0 Mann, Itamar Gaza Genocide ICJ Internationaler Gerichtshof | Den Haag Political Theology South Africa Internationaler Gerichtshof | Den Haag 342 https://verfassungsblog.de/the-body-of-the-judge-and-the-suffering-of-the-collective/ Verfassungsblog 2366-7044 Max Steinbeis Verfassungsblog gGmbH 10.59704/d0d3ac56899378cb 240108 10.59704/d0d3ac56899378cb Converted from MARCXML to MODS version 3.7 using MARC21slim2MODS3-7.xsl (Revision 1.140 20200717)