UN Court to Issue Decision on South Africa's Request for Orders in Genocide Case Against Israel

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ICARO Media Group
Politics
24/01/2024 22h06

In a significant development, the United Nations' top court is set to deliver a decision on Friday regarding South Africa's appeal for interim orders in a genocide case against Israel. The preliminary ruling is part of a larger case filed by South Africa at the International Court of Justice, accusing Israel of committing genocide during its military operation against Hamas in Gaza.

Israel vehemently denies the allegations and has requested the court to dismiss the case. The court, situated in The Hague, Netherlands, recently announced the timing of the interim ruling. To represent the country, South Africa's Foreign Minister Naledi Pandor is expected to travel to The Hague for Friday's ruling.

The Israeli offensive in Gaza was launched in response to Hamas militants storming Israeli communities and causing the deaths of around 1,200 people, primarily civilians. Despite often boycotting international tribunals and U.N. investigations, Israel sent a high-level legal team to participate in the hearings held earlier this month. This move reflects the seriousness with which Israel regards the case and the possible concerns regarding the impact of a court-ordered halt to operations on the country's international standing.

It remains uncertain whether Israel will comply if the court grants any or all of South Africa's eight requests for provisional measures. Israeli Prime Minister Benjamin Netanyahu has pledged to continue the offensive until achieving "complete victory" against Hamas, the group responsible for initiating the conflict by launching an assault across the border on October 7, resulting in numerous casualties and abductions.

According to Gaza's Health Ministry, the offensive has already claimed the lives of at least 25,490 people, predominantly women and children, while leaving another 63,354 wounded. The United Nations has expressed deep concerns of a potential humanitarian crisis, with a quarter of the population facing starvation and the possibility of further deaths from disease.

The devastating consequences of Israel's attacks have led to the displacement of nearly 85% of Gaza's population of 2.3 million, leaving much of the area, including Gaza City, in ruins.

The upcoming ruling, however, will not touch upon the merits of South Africa's claims. Israel still has the option to challenge the court's jurisdiction and the admissibility of the case before any hearings on the legal aspects take place. In order for the court to issue provisional measures, the panel of 17 judges must determine that the case falls within its jurisdiction, a dispute exists between South Africa and Israel concerning the 1948 Genocide Convention, and there is an urgent need to impose emergency measures while the case is ongoing.

During the previous hearings, South African lawyers argued that Israel's military actions and statements by senior officials demonstrated a clear intent to commit genocide against Palestinians in Gaza. On the other hand, Israel's legal team strongly rejected the accusations of genocidal intent, dismissing the cited remarks as random quotes not aligned with official government policy.

This case not only has legal implications but also strikes at the core of national identity for both Israel and South Africa. Israel was founded as a Jewish state in the aftermath of the Holocaust, during which 6 million Jews were exterminated. Meanwhile, South Africa's decision to bring this case stems from the African National Congress' comparison of Israeli policies in Gaza and the West Bank to South Africa's own history under apartheid rule.

Friday's ruling will undoubtedly have far-reaching consequences and shape the proceedings moving forward. The international community eagerly awaits the decision as the world closely watches the interactions between these two nations.

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

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