What can we learn from the ICJ cases on genocide?

ALN Academy Podcast

Welcome to the ALN Academy Talks! In this session, we delve into the topic of genocide cases under the Convention for the Prevention of Genocide. Our discussion covers recent and historic cases, the legal frameworks, and the motivations behind countries bringing these cases forward.
Disclaimer:
This conversation was recorded before the ICJ ruled against provisional measures on the Nicaragua v Germany case on 30 April: https://www.icj-cij.org/sites/default/files/case-related/193/193-20240430-sum-01-00-en.pdf
This conversation was recorded before South Africa filed its newest request for provisional measures and before the Court delivered its order on 24 May: https://www.icj-cij.org/sites/default/files/case-related/192/192-20240524-ord-01-00-en.pdf
Introduction and Panel
o Aisha Abdallah: Director of ALN Academy, specializing in disputes.
o Angeline Welsh: Barrister at Essex Court Chambers, expert in international arbitration.
o Professor Marco Milanovic: Head of Public International Law at the University of Reading, with extensive experience in international criminal law.
Discussion Highlights
o South Africa vs. Israel: Recent case concerning the conflict in Palestine and Gaza.
o Historical Cases: Gambia vs. Myanmar regarding the Rohingya crisis, and the Yugoslavia cases involving Bosnia and Croatia against Serbia.
o Geographical and Jurisdictional Aspects: Why countries like South Africa and Gambia, far from the conflict zones, bring these cases. The concept of "ergo omnes" obligations allowing states to act in the interest of the international community.
o Definition of Genocide: Narrowly defined under the Genocide Convention, focusing on the intent to destroy a group, making it distinct from other crimes.
o Political Motivations: While the court doesn't interrogate political motives, states often have political reasons for filing these cases.
o Procedural Stages: Detailed explanation of the stages in ICJ proceedings, including provisional measures and the long-term process of reaching a final judgment.
Insights and Analysis
o Legal and Political Nuances: The interplay between legal arguments and political contexts in international litigation.
o Effectiveness of Provisional Measures: The significance of interim relief and its impact on international relations and conflict situations.
o Reporting Mechanisms: How the ICJ monitors compliance with its orders through confidential reports from respondent states.