South Africa launched a case Friday at the United Nations’ top court accusing Israel of genocide against Palestinians in Gaza and asking the court to order Israel to halt its attacks. South Africa’s submission to the International Court of Justice alleges that “acts and omissions by Israel … are genocidal in character” as they are committed with the intent “to destroy Palestinians in Gaza” as a part of the broader Palestinian national, racial and ethnic group. South Africa has been a fierce critic of Israel’s military campaign in Gaza. Many there including President Cyril Ramaphosa have compared Israel’s policies regarding Palestinians in Gaza and the West Bank with South Africa’s past apartheid regime of racial segregation.
Quick Read
- South Africa vs. Israel at UN Court: South Africa has initiated a case at the International Court of Justice (ICJ), accusing Israel of committing genocide against Palestinians in Gaza and demanding Israel to stop its military actions.
- Accusations of Genocide: The submission claims Israel’s actions in Gaza are intended to destroy the Palestinian population there, categorizing them as genocidal.
- South Africa’s Criticism of Israel: South Africa, long critical of Israel’s policies in Gaza, draws parallels between Israel’s actions and its own apartheid past.
- Request for Interim Order: South Africa seeks an immediate suspension of Israeli military operations in Gaza through an interim order from the court, with a hearing expected soon.
- Israel’s Rejection: The Israeli government vehemently denies the genocide accusations, labeling them a “blood libel” and lacking legal basis, and accuses South Africa of collaborating with Hamas.
- Israel’s Defense: Israel insists its military operations comply with international law, targeting only Hamas and taking measures to minimize civilian harm and allow humanitarian aid.
- Legal Basis for the Case: The case is brought under the Genocide Convention, to which both South Africa and Israel are signatories.
- Effectiveness of ICJ Rulings: While ICJ orders are legally binding, their enforcement is uncertain, as seen in Russia’s disregard of a similar order regarding Ukraine.
- South Africa’s Grave Concerns: The South African foreign ministry expresses deep concern about civilian suffering in Gaza and potential international crimes, including genocide.
- President Ramaphosa’s Stance: South Africa’s president has previously accused Israel of war crimes and acts akin to genocide.
- Difference Between ICC and ICJ: The International Criminal Court (ICC) handles cases against individuals for serious crimes, while the ICJ settles disputes between nations.
- Human Rights Watch’s View: The organization sees this case as an opportunity for the ICJ to assess Israel’s actions in Gaza under the Genocide Convention, separate from ICC proceedings.
The Associated Press has the story:
South Africa launches case at top UN court accusing Israel of Genocide in Gaza
Newslooks- THE HAGUE, Netherlands (AP)
South Africa launched a case Friday at the United Nations’ top court accusing Israel of genocide against Palestinians in Gaza and asking the court to order Israel to halt its attacks. Israel swiftly rejected the filing “with disgust.”
South Africa’s submission to the International Court of Justice alleges that “acts and omissions by Israel … are genocidal in character” as they are committed with the intent “to destroy Palestinians in Gaza” as a part of the broader Palestinian national, racial and ethnic group.
South Africa has been a fierce critic of Israel’s military campaign in Gaza. Many there including President Cyril Ramaphosa have compared Israel’s policies regarding Palestinians in Gaza and the West Bank with South Africa’s past apartheid regime of racial segregation.
South Africa asked the Hague-based court to issue an interim order for Israel to immediately suspend its military operations in Gaza. A hearing into that request is likely in the coming days or weeks. The case, if it goes ahead, will take years, but an interim order could be issued within weeks.
The Israeli government rejected “with disgust” the genocide accusations, calling it a “blood libel.” A Foreign Ministry statement said South Africa’s case lacks a legal foundation and constitutes a “vile exploitation and cheapening” of the court.
Israel also accused South Africa of cooperating with Hamas, the militant group whose Oct. 7 attack in southern Israel triggered the ongoing war in Gaza.
The statement also said Israel operates according to international law and focuses its military actions solely against Hamas, adding that the residents of Gaza are not an enemy. It asserted that it takes steps to minimize harm to civilians and to allow humanitarian aid to enter the territory.
South Africa can bring the case under the Genocide Convention because both it and Israel are signatories to it.
Whether the case will succeed in halting the war remains to be seen. While the court’s orders are legally binding, they are not always followed. In March 2022, the court ordered Russia to halt hostilities in Ukraine, a binding legal ruling that Moscow flouted as it pressed ahead with its attacks.
South Africa’s foreign ministry said in a statement that the country is “gravely concerned with the plight of civilians caught in the present Israeli attacks on the Gaza Strip due to the indiscriminate use of force and forcible removal of inhabitants.”
The ministry added that there are “ongoing reports of international crimes, such as crimes against humanity and war crimes, being committed as well as reports that acts meeting the threshold of genocide or related crimes as defined in the 1948 Convention on the Prevention and Punishment of Genocide, have been and may still be committed in the context of the ongoing massacres in Gaza.”
South Africa’s president earlier accused Israel of war crimes and acts “tantamount to genocide.” And South Africa last month pushed for the International Criminal Court, which also is based in The Hague, to investigate Israel’s actions in Gaza.
The ICC prosecutes individuals for war crimes, crimes against humanity and genocide, while the International Court of Justice settles disputes between nations.
Balkees Jarrah, associate international justice director at Human Rights Watch, said South Africa’s case “provides an important opportunity for the International Court of Justice to scrutinize Israel’s actions in Gaza using the Genocide Convention of 1948.” She said South Africa is looking to the United Nations’ highest judicial body “to provide clear, definitive answers on the question of whether Israel is committing genocide against the Palestinian people.”
Jarrah stressed that the ICJ case “is not a criminal case against individual alleged perpetrators, and it does not involve the International Criminal Court (ICC), a separate body. But the ICJ case should also propel greater international support for impartial justice at the ICC and other credible venues.”
