Legal Realism Perspective on the International Court of Justice Judges in the 2023–2024 Israeli Occupation of Palestine

Abstract

The research analyzes how legal and political, along with personal aspects shape the decisions of the International Court of Justice judges in the 2023-2024 South Africa v. Israel case. Through a legal realism view, this paper breaks down the work of the fifteen International Court of Justice judges—it looks at how their national ties, political settings, and outside influence groups of interest could sway the Court's temporary orders. From biographical and political, in addition to legal data, this paper argues that outside power relations and interest groups beside political partnerships can affect judicial fairness. It finishes by stating that while the International Court of Justice judges appear separate, their thinking in political cases shows they often agree with their countries' foreign policies, which questions the idea of legal fairness in international law.