NYU Law professor Samuel Estreicher and 3L Klara Nedrelow analyze the International Court of Justice’s July 19, 2024 advisory opinion on Israel’s policies in the occupied Palestinian territories, focusing on the dissenting opinion of Judge Julia Sebutinde. Professor Estreicher and Ms. Nedrelow argue that the ICJ’s opinion is one-sided and fails to consider the complexity of the Israeli-Palestinian conflict, emphasizing that a lasting solution requires carefully negotiated agreements between both parties rather than judicial recommendations based on incomplete narratives.
NYU Law professor Samuel Estreicher and 3L Klara Nedrelow argue that the International Court of Justice (ICJ) incorrectly imposed provisional measures on Israel regarding its actions in Gaza, as it failed to establish even a preliminary basis for genocide intent required under the Genocide Convention. Professor Estreicher and Ms. Nedrelow contend that South Africa’s allegations lacked plausibility due to the absence of specific intent to destroy the Gazan/Palestinian people, a critical element for genocide, in contrast to previous ICJ rulings that required a higher burden of proof for genocidal intent.
