MENELITI POSISI HUKUM AFRIKA SELATAN DALAM KONFLIK ISRAEL-PALESTINA: KASUS KETERLIBATAN ICJ = EXAMINING SOUTH AFRICA’S LEGAL POSITION IN THE ISRAEL-PALESTINE CONFLICT: A CASE OF ICJ INVOLVEMENT

Background. The situation in Israel-Palestine conflict getting worse when Israel launched large-scale attacked in the Gaza Strips, resulted to the deaths and injuries of civilians. In response, the South Africa issued a lawsuit to the International Court of Justice and ask for provisional measure to prevent the future harm. Aims. To analyze South Africa legal standing to bring the Israel-Palestine conflict before the ICJ, and to determine the South Africa role in the matter of human rights assistance. Method. This research conducted by using normative research through analyze international legal instruments, theory, and cases in its relation with non-disputing party’s legality on submitting a lawsuit in the ICJ and its implication on the situation after the lawsuit submitted. Results. The research of this study found that (1) Both Israel and South Africa already ratified the Genocide Convention, where duty to prevent genocide is subjected to the State parties to the Genocide Convention, and South Africa has standing under Article IX of the Convention in do all feasible measure to prevent genocide; and (2) The submission by the South Africa brought the global concern on condemn Israel’s attack though joint declaration and arms embargoes, which contribute to deescalate the violation of human rights. Therefore, South Africa has legal standing to bring the case to the ICJ, and contribute in helping the humanitarian assistance in Palestine.

Keyword : Genocide; ICJ; Legal Standing.