Abstract

The ongoing conflict in the Gaza Strip has posed significant humanitarian challenges, leading to calls for international intervention. The International Court of Justice (ICJ), as the primary judicial organ of the United Nations, has a crucial role to play in addressing these humanitarian issues. This paper presents a hypothetical judgment on a case brought before the ICJ, examining the Court's potential approach to the conflict in Gaza and its implications. The ICJ has a long history of involvement in the settlement of interstate disputes, often playing a mediative role in the negotiation process. In recent years, the Court's jurisprudence has expanded to cover a broader range of international law topics, including human rights, humanitarian law, and the use of force. As such, the ICJ is well-positioned to consider the complex legal issues underlying the situation in Gaza. One case that has come before the ICJ is a dispute between Israel and South Africa, two states with a contentious history and divergent approaches to the Palestinian question. In this scenario, South Africa has brought a case against Israel, alleging that its military operations in Gaza constitute violations of international humanitarian law and human rights law. South Africa argued that Israel's actions in Gaza, including the blockade, military strikes, and occupation, amount to an illegal use of force and an unlawful occupation that has resulted in severe humanitarian consequences. This paper will define what should be the judgment given by the International Court of Justice (ICJ) on some issues that require immediate attention.

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