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AloeVera

(2,198 posts)
18. I'll try to explain it differently.
Mon Apr 29, 2024, 11:02 AM
Apr 2024

The court deemed it plausible - "worthy of belief" - that Palestinians had the right to be protected. The plausibility issue refers to their status as an ethnic group, which the court made a prima facie determination on. Hence the use of "plausible".

Based on that plausible right, it ordered provisional measures meant to safeguard those rights. These measures were necessary as the court found that Palestinians' plausible right to be protected was at risk of irreperable harm. The court determined that risk to exist based on the evidence presented by SA, the UN etc.

The court further found that there was a link between those plausible rights and some of the measures SA requested. The court then ordered those provisional measures.

The court did NOT say that that plausible right applied only to SOME acts of genocide as you seem to be claiming. That would be akin to saying they had the right to be protected from being physically or mentally harmed but not from being killed.

So plausibility refers to the right of protection based on ethnicity, nationality etc not to the scope of the rights enshrined in the Convention which are full and indivisible and not selective.

Recommendations

0 members have recommended this reply (displayed in chronological order):

Right. The ruling was that their right not to be genocided is plausibly being violated. David__77 Apr 2024 #1
That's exactly the takeaway that Ms O'Donaghue said was incorrect. lapucelle Apr 2024 #3
A relevant section. David__77 Apr 2024 #5
A section relevant to the right of SA to bring charges. Beastly Boy Apr 2024 #6
Yes, I know. Ms O'Donoghue explained what that the means for those who don't understand the finding. lapucelle Apr 2024 #7
It pertains to Israel's actions David__77 Apr 2024 #8
The President of the ICJ disagrees with your interpretation of the ruling she authored and released. lapucelle Apr 2024 #9
And none of their decisions pertains to plausible violations of anyone's rights. Beastly Boy Apr 2024 #11
Disagree. AloeVera Apr 2024 #13
People are free to disagree with the President of the ICJ about what she clearly says lapucelle Apr 2024 #15
I was disagreeing with you. AloeVera Apr 2024 #16
"Palestinians have a plausible right to be protected" is how Ms. O'Donoghue stated it. lapucelle Apr 2024 #17
I'll try to explain it differently. AloeVera Apr 2024 #18
I'm not sure what or why you're arguing. The Court preserved rights, as it saw fit. lapucelle Apr 2024 #19
I was debating a point I think is fair and correct. AloeVera Apr 2024 #20
I am assuming you read the summary you cited. Beastly Boy Apr 2024 #4
Not even close. It was closer to the concept of "standing" FBaggins Apr 2024 #12
Yes, another way of saying what the ICJ President said. AloeVera Apr 2024 #14
What does SHE know ? Who is she to keep college sophomores from speaking truth to power? Beastly Boy Apr 2024 #2
Here's the analog: Suppose Democracy Now! wanted to bring a case at the ICJ lapucelle Apr 2024 #10
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