South Africa Takes Israel to International Court of Justice over Alleged Genocide in Gaza

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ICARO Media Group
Politics
30/12/2023 23h32

In a highly charged move, South Africa has filed a case against Israel at the United Nations' International Court of Justice (ICJ), accusing the Jewish state of carrying out acts of genocide in Gaza. The application, based on alleged violations of the "Genocide Convention," comes amidst Israel's ongoing military campaign in the region.

The ICJ, in a press release, stated that according to the application, Israel's acts and omissions are deemed genocidal, demonstrating a specific intent to destroy Palestinians in Gaza as part of the broader Palestinian national, racial, and ethnic group.

While ICJ cases typically take years to resolve, South Africa is urging the court to convene expediently and issue provisional measures, including a cease-fire. A formal application, addressing the court's registrar in The Hague, requests the ICJ to indicate provisional measures to ensure Israel's compliance with its obligations under the Genocide Convention, aiming to prevent and punish genocide.

Citing Article IX of the Genocide Convention, which permits any state party to bring a case to the ICJ without a direct link to the conflict, South Africa emphasized its right to address the situation. This claim builds on past ICJ rulings, including the Gambia's case against Myanmar, establishing a precedent for similar claims.

In their official document, South Africa accuses Israel of failing to prevent genocide and prosecute direct and public incitement to genocide since October 7, 2023. They argue that Israel has engaged in, is currently engaging in, and risks further engaging in genocidal acts against the Palestinian people in Gaza.

However, South Africa's application also condemns Hamas and other Palestinian armed groups for taking hostages and targeting civilians.

Relations between South Africa and Israel have been deteriorating, with South Africa suspending diplomatic ties with Israel back in November. In a vote, South African lawmakers decided to shut down the Israeli embassy in Pretoria.

Israel has vehemently refuted these accusations, labeling them as a "blood libel" and urging the ICJ to dismiss the case. The Israeli foreign ministry spokesperson criticized South Africa's proceedings, stating that they lack factual and legal grounds and are a "despicable and contemptuous exploitation."

Yesterday, the Israeli Defense Forces (IDF) reported that 168 Israeli soldiers had died in the ground operation in Gaza. The conflict has taken a severe toll on the Palestinian side, with over 20,000 deaths and at least 55,000 injuries according to Al Jazeera.

In the past 24 hours alone, central Gaza witnessed intense Israeli strikes, resulting in the deaths of 100 Palestinians and leaving another 158 wounded, as reported by a senior health official in Gaza to The Telegraph.

The ICJ will now be tasked with thoroughly examining the evidence presented by both South Africa and Israel as it considers whether to proceed with the case and issue provisional measures. The implications of this case extend beyond the immediate conflict, as it has the potential to shape future interpretations of the Genocide Convention and draw attention to the ongoing crisis in Gaza.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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