Israel Faces Accusations of Genocide in Gaza in International Court of Justice
ICARO Media Group
Israel is set to appear before the International Court of Justice (ICJ) in The Hague on Thursday to face allegations of committing genocide in Gaza. South Africa, which brought the case forward, has accused Israel of violating international law by committing and failing to prevent genocidal acts aimed at the destruction of Palestinians in Gaza.
The ICJ case adds to the mounting international pressure on Israel to scale back or end its war against Hamas, which has resulted in a reported death toll of over 23,000 people, including many women and children. Gaza's infrastructure has been severely damaged, rendering parts of the enclave uninhabitable and pushing the population to the brink of famine.
Israel launched its campaign in response to Hamas militants carrying out a deadly attack in Israeli communities on October 7, resulting in the killing of around 1,200 people and the taking of more than 200 hostages.
After hearings scheduled for Thursday and Friday, judges are expected to rule on South Africa's requested interventions to change Israel's conduct of the war within weeks. However, a verdict on the question of genocide could take years to reach.
Established after World War II to settle disputes between countries, the ICJ is the main judicial body of the United Nations. The court's rulings are legally binding, although enforcement can be challenging, and they can be ignored by some nations.
It's important to note that the ICJ is different from the International Criminal Court (ICC), which is responsible for trying individuals accused of violating international laws, including war crimes and genocide. Neither Israel nor the United States recognizes the ICC's jurisdiction.
South Africa, in its 84-page filing, accuses Israel of aiming to destroy Palestinians in Gaza as part of the broader Palestinian national, racial, and ethnic group. The country points to numerous alleged violations, including large-scale killing and maiming of civilians, displacement, destruction of neighborhoods, denial of access to essential resources, and obliteration of Palestinian civic institutions.
To prove its case, South Africa will need to show that Israel's goal is not solely to wipe out Hamas but to destroy Palestinians as a whole in Gaza. The country cites statements from Israeli leaders calling for mass expulsions or denying innocence as evidence of genocidal intent.
While Israel vehemently denies the allegations, stating that its war is against Hamas and not the people of Gaza, the ICJ will examine allegations only against states and not militant groups. Israel accuses Hamas of waging a genocidal campaign against Jews.
The ICJ case could have significant implications for the trajectory of the conflict and could further increase pressure on Israel to alter its actions in Gaza. The court's ruling, whenever it comes, will be closely watched by the international community.