In a landmark case at the International Court of Justice (ICJ), South Africa has accused Israel of committing genocide in breach of the 1948 Genocide Convention. The case, which began on Thursday at the World Court in The Hague, focuses on Israel’s war on Gaza. South Africa’s legal team, led by international law academic and barrister John Dugard, presented evidence of the harrowing plight of Palestinians in Gaza who are trapped under siege, facing continuous Israeli air strikes and a deadly military ground invasion.
According to the enclave’s health ministry, over 23,000 people, including nearly 10,000 children, have been killed in Gaza since October 7. The South African team showcased pictures of mass graves and highlighted the mass killing of Palestinians as one of the five main “genocidal acts” committed by Israel during the war. They also accused Israel of inflicting serious mental and bodily harm on the people in Gaza, citing the collapse of the healthcare system and the displacement of half a million Palestinians.
Additionally, South Africa argued that Israel deliberately imposed conditions that cannot sustain life in Gaza, including blockading food, water, and aid, denying Palestinians adequate shelter, clothes, and critical non-food items. The legal team emphasized that disease cases, including diarrhoea, are soaring due to the lack of safe water and that more Palestinians may die from hunger and disease if the siege continues.
The South African advocates highlighted Israel’s military assault on Gaza’s healthcare system, rendering it unable to cope with the large number of injured people who need life-saving treatment. They also accused Israel of preventing life-saving treatment needed for delivering babies, which they characterized as an act of genocide.
Israel will present its oral argument on Friday, led by British Lawyer Malcolm Shaw. Legal experts predict that Israel will argue its actions are in self-defense following attacks by Hamas. Prime Minister Benjamin Netanyahu criticized the South African suit, calling it hypocrisy and lies. He argued that Israel is fighting against genocide, not perpetrating it.
To prove their case, the South African legal team must demonstrate not only that the indiscriminate mass killings amount to genocide but also that there is an intent to commit these acts by Israel. They pointed to Israeli officials’ statements, including Netanyahu’s reference to biblical commands to entirely destroy a group, as evidence of intent.
South Africa has garnered support from several countries and international organizations, including Malaysia, Bolivia, and Turkey. On the other hand, Israel has received backing from the United States, its main weapons supplier and diplomatic patron.
While the ICJ proceedings may take years to reach a final judgment, this week’s initial proceedings focus on South Africa’s request for an emergency order against the continuing killings and destruction in Gaza. Experts believe an interim sentence could be issued in weeks. The outcome of this case will have significant implications for the ongoing conflict between Israel and Palestine and could potentially reshape the international community’s approach to the Israeli-Palestinian conflict.
