Landmark edition of the Netherlands Law Journal on the Gaza war
in the media image: Emad El Byed on Unsplash
NRC columnist Folkert Jensma recently referred to a landmark edition of the Netherlands Law Journal (NJB) on the Gaza war. Larissa van den Herik, Professor of Public International Law, wrote an article for this special issue.
Her article considers whether the situation in Gaza can be qualified as genocide and examines the obligations for third states, including the Netherlands. She discusses the definition of genocide, how this has developed in international case law, and how it relates to other concepts under international law such as crimes against humanity and war crimes. She also discusses the role of legal scholars when it comes to socially sensitive issues such as Gaza, setting out the various positions they can take.
Van den Herik points out that obligations for third states to prevent genocide already arise if there is a serious risk of genocide. It can hardly be denied that this is the case at present, given the three preliminary rulings of the International Court of Justice in which measures were imposed on Israel to prevent violations of the Genocide Convention. Israel, however, has consistently disregarded the measures imposed on it. Since the preliminary rulings, the situation in Gaza has only worsened and particularly extreme statements have also been made by Prime Minister Netanyahu and other Israeli leaders. This all goes to reinforce concerns about possible violations.
More information?
Read the full NJB article and the column in de Volkskrant (€, in Dutch)