South Africa has filed a case at the International Court of Justice (ICJ), accusing Israel of breaching the UN convention on genocide in its actions against Palestinians in Gaza
The case alleges that Israel’s military offensive, particularly after the attacks on October 7, 2023, includes genocidal acts intending to destroy a substantial part of the Palestinian group in the Gaza Strip, Sky News reported.
South Africa just began its submissions at the International Court of Justice.
Whatever ultimately happens in this proceeding, this is a profound moment.
History will forever look kindly on South Africa’s people for this noble and heroic deed.#freepalestine #icj #SouthAfrica pic.twitter.com/ZUsFpWIyWJ
— Dimitri Lascaris (@dimitrilascaris) January 11, 2024
Understanding genocide
The term “genocide” was adopted by the UN in 1945, with a convention established in 1948. Genocide, according to the convention, includes acts committed with the intent to destroy, in whole or in part, a national, ethnic, racial, or religious group.
Examples range from killing members of the group to causing serious bodily or mental harm, deliberately inflicting conditions of life to bring about physical destruction, imposing measures to prevent births, and forcibly transferring children.
South Africa’s claims
South Africa’s 84-page court document argues that Israel’s actions after the October 7th Hamas attacks are genocidal, aiming to bring about the defeat of a substantial part of the Palestinian group in Gaza. It accuses Israel of failing to prevent genocide in its conflict with Hamas, pointing out the direct targeting of Israeli civilians and acknowledging potential breaches of international law by Hamas. Israel has defended itself today in the International Court of Justice.
South Africa has a historical relationship with the Palestinian people, with Nelson Mandela expressing solidarity. The current President, Cyril Ramaphosa, has criticised Israel’s offensive in Gaza, drawing parallels between Israeli occupation and South Africa’s apartheid period.
The ICJ proceedings
The ICJ has the authority to issue provisional measures and legally binding court orders that could suspend military operations in Gaza for the case duration.
Israel is determined to demonstrate the moral and proportionate actions of its armed forces, taking the case seriously with the choice of Supreme Court Judge Aharon Barak as its representative.
If the ICJ imposes provisional measures, it could cause challenges for Israel’s ongoing military offensive, pledged to continue until all hostages are returned. However, provisional measures are not always acted on.
This was a moving submission before the International Court of Justice by the Irish lawyer Blinne Ní Ghrálaigh KC advising South Africa.
“Look in the mirror and ask where was I when Gaza was going through a genocide? South Africa is here…before this court in the peace palace” pic.twitter.com/RvGSk1peVp
— Lindokuhle Ntuli (@Ntuli_Lindo_) January 11, 2024
What might happen?
The ICJ proceedings are poised to be a lengthy process, with the difficulty of proving “intent” in genocidal acts.
As the case unfolds, the international community watches closely, recognising the significance of the allegations and the potential implications for future conflicts.
