JUSTICE - No. 71

21 Spring 2024 hour humanitarian pauses every day, to facilitate the passage to safety for Gazan civilians.50 Given Hamas’s candid admissions that it deliberately sacrifices Palestinian civilians, the evidence shows Israel cares far more about protecting those civilians than Hamas. Israel’s commitment to avoiding civilian casualties, which is unique among the nations of the world, undermines any claim that Israel was acting with the requisite intent required to demonstrate a violation of the doctrine of proportionality and international humanitarian law, much less a violation of the Genocide Convention. Unfortunately, the most likely legal outcome of South Africa’s genocide case and the General Assembly December 2022 request for an advisory opinion will be further ICJ rulings against Israel. The Court will have become the willing enabler and ultimate weapon in the anti-Israel lawfare campaign, bypassing the Security Council as the preeminent international voice in the conflict. But at what cost to the Court’s legitimacy, and to its legal and moral authority? n Steven E. Zipperstein teaches Public Policy and Global Studies at UCLA and is a Distinguished Senior Scholar at the UCLA Center for Middle East Development. He is a former U.S. federal prosecutor and an elected member of the American Law Institute. Zipperstein is the author of The Legal Case for Palestine: A Critical Assessment (Routledge, 2024), Zionism, Palestinian Nationalism and the Law: 1939-1948 (Routledge, 2022), and Law and the Arab-Israeli Conflict: The Trials of Palestine (Routledge, 2020). 50. Aamer Madhani, Zeke Miller, and Ellen Knickmeyer, “Israel agrees to 4-hour daily pauses in Gaza fighting to allow civilians to flee, White House says,” ASSOCIATED PRESS, Nov. 9, 2023, available at https://apnews. com/article/israel-gaza-humanitarian-pauses-b8fc613ffd8b9351c0dc37b90b6e10dd

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