24 May Can Israelis Sue Ahmedinijad for Incitement to Genocide?
According to this report, a group of former Israeli diplomats and parliamentarians believe that Iranian President Ahmedinijad’s recent remarks calling for the destruction of Israel and his description of the Holocaust as myth constitute conspiracy to commit genocide and incitement of genocide. They want to sue Ahmedinijad.
The potential suit raises some interesting questions of jurisdiction. In what court might the Israeli former officials file suit? If, through Ahmedinijad’s words, Iran has violated the Convention, a suit brought by Isreal against Iran before the ICJ might be a possibility. But do individual Isreali citizens have standing to sue in other venues? The Genocide Convention creates universal jurisdiction for criminal acts, but the idea being discussed here appears to aim at a civil suit (though it is admittedly unclear from this brief report). Comments open.
Hat tip: Elizabeth Cassidy
The news report itself would seem to be rather less than clear on what kind of litigation is being contemplated. This may appear from the following passage: ‘Yediot Ahronot newspaper reported Monday that the suit would be filed in the International Court of Justice in The Hague, Netherland. Participants said the legal team was still looking for the best venue, and that the suit would only be filed in a few more months.’ Of course, if the chosen court was the International Court of Justice, the venue would clearly be that Court, and, geographically speaking, The Hague. Article 22 (1) (2) of the Court’s Statute does empower the Court to exercise its functions elsewhere than at its seat, but this has never happened, nor would there be any reason to do so in the case now contemplated if not by, then certainly in, Israel. I agree that it would be possible to bring a case against Iran (not, of course, against its President) before the ICJ. Israel and Iran are both states (Article 34 of the Statute; it is, again, a matter of course that mutual recognition plays no part in this), members of the UN (Article 35 (1) of… Read more »