Israel is facing accusations of committing genocide against Palestinians in Gaza as South Africa files a case against the country at the International Court of Justice (ICJ). The case comes after nearly three months of continuous Israeli bombardment, resulting in the death of over 21,500 people and widespread destruction in the besieged enclave. South Africa has described Israel’s actions as “genocidal in character,” aimed at destroying a substantial part of the Palestinian national, racial, and ethnic group.
In the application submitted to the ICJ, South Africa highlights Israel’s killing of Palestinians, causing them bodily and mental harm, and subjecting them to living conditions that lead to their physical destruction. The ICJ, also known as the World Court, is a UN civil court that resolves disputes between countries. Both South Africa and Israel, as members of the UN, are bound by the court’s jurisdiction.
South African President Cyril Ramaphosa has drawn comparisons between Israel’s policies in Gaza and the country’s past apartheid regime. Numerous human rights organizations have also accused Israel of implementing apartheid-like policies towards Palestinians. South Africa argues that Israel’s conduct during the ongoing war violates the UN’s Genocide Convention and has requested an expedited hearing from the ICJ. They also call for provisional measures to protect the rights of the Palestinian people.
South Africa’s Department of International Relations and Cooperation (DIRCO) expressed grave concern for the civilians caught in the Israeli attacks on Gaza and emphasized the need for an immediate and permanent ceasefire. In response, Israel has rejected calls for a ceasefire, stating that the war will continue until the Hamas group, whose attack triggered the conflict, is destroyed.
The expansion of Israeli settlements in the occupied Palestinian territories remains a significant obstacle to the realization of a future Palestinian state. In the latest development, tens of thousands of newly displaced Palestinians in Gaza were forced to flee further south as Israel extended its offensive. Israel has faced widespread condemnation for the mounting death toll and destruction, with accusations of collective punishment against the Palestinian people.
South Africa’s move to file a case at the ICJ is seen as a crucial step towards holding Israel accountable. The United Nations experts previously called on the international community to prevent genocide against the Palestinian people, describing Israel’s actions as a “genocide in the making.” While Israel has dismissed South Africa’s claims as baseless, the Palestinian Ministry of Foreign Affairs welcomes the move and urges the ICJ to take immediate action to prevent further harm.
The case at the ICJ raises questions about whether Israel’s actions meet the criteria of intent outlined in Article 2 of the Genocide Convention. Israeli officials’ statements have been cited, including references to “no innocents” in Gaza and collective punishment on the people of Gaza. The Palestinian Ministry of Foreign Affairs asserts that Israel’s stated policy, acts, and omissions are genocidal in character, violating its obligations under the Genocide Convention.
South Africa’s application to the ICJ brings international attention to the reality of the situation in Palestine, both in Gaza and the West Bank. The Palestinian ministry appeals to the international community and the Contracting Parties to the Convention to support the court’s proceedings and uphold their obligations.
Overall, South Africa’s case against Israel at the ICJ highlights the severity of the situation in Gaza and raises important questions about Israel’s actions towards Palestinians. The outcome of the case will be closely watched as it has the potential to hold Israel accountable for its conduct and bring attention to the ongoing conflict.
