Justice Leona Theron of the Constitutional Court of South Africa: "International Law as a Tool"

On April 25, 2024, Justice Leona Theron of the Constitutional Court of South Africa delivered a lecture at Notre Dame Law School titled ""International Law as a Tool: South Africa’s application to the International Court of Justice". The lecture provided an analysis of the application for urgent provisional measures sought by South Africa before the International Court of Justice. Justice Theron gave context to and explain the historical significance of this ruling in light of South Africa’s apartheid history. In the lecture Justice Theron considered why South Africa chose the Prevention and Punishment of the Crime of Genocide (‘Genocide Convention’) as the legal instrument upon which to base its the case. Justice Theron also discussed the foundations of the rule of law and the role of international law in regulating state conduct and relationship between states. Justice Theron discussed the power of the ICJ to grant the relief sought while focusing on the challenges of judicial decision making in international law, the importance of ensuring court orders are obeyed and the role of the international community in times of conflict.