The International Court of Justice (ICJ) is set to hold its first hearing in South Africa’s genocide case against Israel, sparking widespread attention and global calls for a ceasefire in Gaza. The lawsuit, filed by South Africa in late December, accuses Israel of committing genocide in its war on Gaza and seeks to put an end to the brutal military assault that has resulted in the deaths of over 23,000 Palestinians, including nearly 10,000 children.
The 84-page filing by South Africa argues that Israel has violated the 1948 Genocide Convention, a treaty established in the aftermath of World War II and the Holocaust. Both Israel and South Africa are signatories to this convention, granting the ICJ, as the highest UN legal body, jurisdiction to rule on disputes related to the treaty. All states that have signed the convention are obligated to prevent and punish genocide.
Genocide, as defined by the treaty, refers to acts committed with the intent to destroy, in whole or in part, a national, ethnic, racial, or religious group. In support of South Africa’s case, Bolivia has highlighted its earlier request to the International Criminal Court (ICC) Prosecutor Karim Khan, along with South Africa, Bangladesh, Comoros, and Djibouti, to investigate the situation in Palestine. It is important to note that while the ICC prosecutes individuals for committing crimes, the ICJ’s purpose is to resolve conflicts between states.
The United States has voiced its opposition to the genocide case, with National Security Spokesperson John Kirby dismissing South Africa’s submission as “meritless, counterproductive, and completely without any basis” during a White House press briefing. Israeli President Isaac Herzog expressed his strong disapproval of the lawsuit to US Secretary of State Antony Blinken, stating that it is “atrocious and preposterous.” Herzog also expressed gratitude for Washington’s support of Israel.
Israel’s Western allies, including the European Union, have largely remained silent on the ICJ case. However, the United Kingdom has faced criticism for its refusal to support the case, particularly after submitting detailed legal documents to the ICJ to support claims of genocide against the Rohingya community in Myanmar just a month ago.
As the ICJ prepares for its first hearing, the case has generated significant global attention, with countries taking different positions on the matter. The outcome of this case could have far-reaching implications for the recognition and accountability of genocide, as well as the ongoing conflict in Gaza.
