COMMENT | Israel and the principle of self-defence under int'l law

COMMENT | At the hearing of South Africa’s application for provisional measures before the International Court of Justice (ICJ) recently, the Israeli legal team raised its theory of self-defence in rebutting South Africa’s arguments that Israel had committed the crime of genocide.

If such a defence is accepted by the world court, the allegation by South Africa that Israel has committed genocidal crimes under the Prevention and Punishment of the Crime of Genocide (“Genocide Convention”) would not be legally sustainable.

This article, therefore, seeks to discuss Israel’s claim of self-defence under international law. As far as international law is concerned, a state’s right to self-defence in any armed conflict is duly enshrined in Article 51 of the UN Charter.