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Wednesday, November 6, 2024

Letter to the Editor – Alan Morinis

I am writing to correct an error in Sally Campbellā€™s otherwise informative article on the international courts. She misquotes the findings of the International Court of Justice in response to South Africaā€™s petition about alleged genocide in Gaza. The court did not rule that South Africa had a ā€œplausible case,ā€ as Campbell states, but that Gaza Palestinians had a plausible right to be protected from genocide.

 

This is not just splitting hairs. Twisting that ruling to claim that the ICJ found accusations of genocide against Israel to be ā€œplausibleā€ is actually false and contorts the courtā€™s intent. The President of the ICJ at the time of the ruling, Judge Joan Donoghue, has clarified that ā€œthe court decided that the Palestinians had a plausible right to be protected from genocide and that South Africa had the right to present that claim in the court. It then looked at the facts as well, but it did not decide ā€“ and this is something where Iā€™m correcting whatā€™s often said in the media ā€“ it didnā€™t decide that the claim of genocide was plausible.ā€

 

See https://www.ejiltalk.org/implausible-confusion-the-meaning-of-plausibility-in-the-icjs-provisional-measures/ for clarity on what ā€œplausibleā€ means to this court, which is very different from what Sally Campbell claims.

 

Alan Morinis

Hornby Island

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