The ICJ, Provisional Measures, and the Right of Self-defence: The Unspoken Relevance of jus cogens?
[Christian Henderson is Professor of International Law at the University of Sussex. He is the author of The Use of Force and International Law (2nd end, CUP, 2023)] Introduction A notable aspect of the International Court of Justice’s decision on provisional measures in the South Africa v Israel case was whether, and if so how, the Court might respond to Israel’s overarching legal justification that it...