Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

The Role of the International Court of Justice in the Development of International Humanitarian Laws and Principles; the Israeli Genocide Case

Document Type : research

Authors
Tahereh Heidari 1
Mohammadreza Hakak Zadeh 2
Mohammad Taghi Rezaei 3
1 PhD student of International Law, Qom Branch, Islamic Azad University, Qom, Iran.
2 Assistant Prof. in Department of Public International Law, Qom Campus, Islamic Azad University, Qom, Iran
3 Assistant Professor, Department of International Law, Payam Noor University, Tehran, Iran.
10.22034/ejs.2024.453461.1775
Abstract
Background and Aim: The purpose of this article is to examine and explain the role of the International Court of Justice in the development and promotion of humanitarian rights, according to the Court's ruling in the Israeli Genocide case.
Materials and Methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.
Findings: In certain cases, the International Court of Justice has based its decisions on the principles of international humanitarian law. In these opinions and opinions of the International Court of Justice as well as the opinions of independent judges have played a very effective role in the progress and development of humanitarian rights. The court has repeatedly pointed out in numerous cases that many of the principles and rules of humanitarian law are fundamental, due to their universal nature, they are in force anyway. Although it has faced ups and downs in this regard.
Conclusion: South Africa's lawsuit against Israel is influential in the development of international humanitarian laws and principles in at least two ways; This is the first time that a case the Israeli an international judicial body to deal, and this is the first time that the petitioner, aware of his obligations, has asked the court to make himself the addressee of the court's orders. .
Keywords
humanitarian rights
International Court of Justice
genocide
Palestine
Israel
Subjects
Strategic Studies of Jurisprudence and Law
Volume 5, special issue - Serial Number 5
Studies of economic jurisprudence
Summer 2023
Pages 583-596