In a significant development, South Africa has taken the bold step of filing a genocide case against Israel at the International Court of Justice (ICJ), also known as the World Court. The move, announced by South Africa’s Department of International Relations and Cooperation (DIRCO) on Friday, alleges that Israel’s actions in its crackdown against the Palestinian group Hamas in Gaza violate its obligations under the 1948 Genocide Convention.
The Genocide Convention, established in the aftermath of the Holocaust, makes it a crime to attempt to destroy a people, either in whole or in part. South Africa contends that Israel’s military campaign in Gaza qualifies as a breach of this convention, prompting the urgent filing with the ICJ.
The crux of South Africa’s filing revolves around the request for the ICJ to issue provisional measures, compelling Israel to cease its military operations in Gaza. These measures are deemed necessary to prevent further severe and irreparable harm to the rights of the Palestinian people.
However, Israel has categorically rejected the filing, dismissing it as “baseless.” In a swift response, Israel’s foreign ministry laid blame on Hamas, accusing the Islamist group of using Palestinians as human shields and misappropriating humanitarian aid. Israel insists that it is making efforts to minimize harm to non-involved individuals in the Gaza Strip.
The conflict that triggered these legal actions began on October 7 when Hamas militants allegedly killed 1,200 people in a cross-border attack on Israel, seizing 240 hostages. Israel, in response, launched an assault on Hamas-ruled Gaza, resulting in over 21,000 reported Palestinian casualties, according to health officials.
South Africa’s move at the ICJ follows its parliamentary decision last month to close down the Israeli embassy in Pretoria and suspend diplomatic relations with Israel. The country has been a longstanding critic of Israel’s policies, drawing parallels between the Palestinian cause for statehood and the struggles of the Black majority in South Africa during the apartheid era – a comparison that Israel vehemently rejects.
The Palestinian Authority, whose statehood status is contested but acknowledged as an “observer state” by the ICJ, welcomed South Africa’s legal action. In a statement, the Palestinian Foreign Ministry urged the court to take immediate action to protect the Palestinian people and called on Israel to halt its military operations.
While the ICJ is considered the highest court in the United Nations, its rulings are not always binding, and compliance can vary. In a notable example from March 2022, the ICJ ordered Russia to immediately cease its military campaign in Ukraine, a directive that Russia chose to ignore.
It’s important to note that a separate legal inquiry is underway at the International Criminal Court (ICC) in The Hague, investigating alleged atrocities in Gaza and the West Bank. However, Israel, a non-member of the ICC, rejects the court’s jurisdiction. The unfolding legal actions underscore the complex and contentious nature of the Israel-Palestine conflict, bringing it into the realm of international legal scrutiny.
