South Africa tells top UN court Israel is committing genocide in Gaza as landmark case begins
South Africa Accuses Israel Of Genocide At UN Court
South Africa has launched a case at the International Court of Justice alleging that Israel’s military campaign in Gaza amounts to genocide. The case will likely drag on for years and is based on the 1948 Convention on the Prevention and Punishment of the Crime of Genocide.
By Sathish Raman January 3, 2024, 9:26 [IST]
South Africa has initiated a case at the International Court of Justice (ICJ), the United Nations’ highest judicial body, accusing Israel of committing genocide in its military campaign in Gaza. This development sets the stage for a significant legal showdown between the two nations before a panel of judges in the Great Hall of Justice. The case is anticipated to be protracted, potentially lasting several years.
South Africa’s Argument
South Africa Accuses Israel Of Genocide At UN Court
South Africa’s comprehensive filing, spanning 84 pages, asserts that Israel’s actions in Gaza constitute genocide as they aim to annihilate a substantial portion of the Palestinian population. The filing requests a series of legally binding rulings from the ICJ, also known as the World Court. South Africa seeks a declaration that Israel has violated and continues to violate its obligations under the 1948 Genocide Convention. Additionally, it demands that Israel cease hostilities in Gaza that could amount to breaches of the convention, offer reparations, and provide for the reconstruction of what it has destroyed in Gaza.
South Africa’s argument hinges on the definition of genocide as outlined in the Genocide Convention. The convention defines genocide as acts such as killings committed with the intent to destroy, in whole or in part, a national, ethnical, racial, or religious group. South Africa contends that Israel’s actions, including killing Palestinians, causing severe mental and bodily harm, and deliberately inflicting conditions meant to bring about their physical destruction as a group, constitute genocidal acts.
Furthermore, South Africa argues that the court has jurisdiction over the case since both countries are signatories to the Genocide Convention. The convention’s ninth article stipulates that disputes between nations over the convention can be submitted to the International Court of Justice.
Israel’s Response
Israel’s government swiftly rejected the genocide claim, dismissing it as lacking a legal foundation and exploiting the court in a contemptuous manner. Eylon Levy, an official in the Israeli Prime Minister’s office, accused South Africa of providing political and legal cover for the Hamas attack that triggered Israel’s campaign. However, Israel confirmed that it would send a legal team to The Hague to defend itself against the allegations.
Despite its history of disregarding international tribunals, Israel’s decision to defend itself in this case is attributed to several reasons. Among them are Israel’s role in promoting the original Genocide Convention after the Holocaust and its belief in the strength of its case.
Next Steps in the Case
South Africa’s filing includes a request for the court to urgently issue legally binding interim orders for Israel to immediately suspend its military operations in and against Gaza. These provisional measures would remain in effect while the case progresses. While legally binding, such orders are not always followed. A notable example is the court’s order in 2022 for Russia to immediately suspend its invasion of Ukraine, which was disregarded, resulting in continued deadly strikes.
The court will schedule public hearings in the near future, allowing lawyers for South Africa and Israel to present their arguments. Judges from around the world will deliberate and likely take days or weeks to issue a decision on preliminary measures. Subsequently, the court will embark on a lengthy process of considering the full case.
Israel could challenge the court’s jurisdiction and seek to have the case dismissed before lawyers begin arguing. Other countries that have signed the Genocide Convention may also apply to make submissions.
Similar Cases before the Court
The ICJ is currently handling two other genocide cases. Ukraine filed a case against Russia shortly after the invasion, accusing Moscow of launching the military operation based on fabricated claims of genocide and planning acts of genocide in Ukraine. Another ongoing case involves Gambia, acting on behalf of Muslim nations, accusing Myanmar of genocide against the Rohingya Muslim minority.
In a past case brought by Bosnia, the court ruled in 2007 that Serbia violated its obligation to prevent genocide in respect of the genocide that occurred in Srebrenica in July 1995. However, the court declined to order Serbia to pay compensation. In another case, Croatia sued Serbia in 2015, but the court ruled that Serbia did not breach the convention in that instance.
The case between South Africa and Israel marks a significant development in international law and underscores the importance of addressing allegations of genocide and holding accountable those responsible for such heinous crimes.
