Abstract

The Order on provisional measures by the International Court of Justice in the case South Africa v. Israel, dealing with violations of the Genocide Convention, does not rule on the key issue of the suspension of the Israeli military operation launched in Gaza after the terrorist attacks of 7 October 2023. The paper considers the impact that ius ad bellum issues involved in the case may have had on the selection of provisional measures actually indicated by the Court. It seeks to highlight some inconsistencies in the Court's overall reasoning in this regard, focusing in particular on the issue of the link between the provisional measures requested and the protection of the rights at stake