South Africa launched a case at the United Nations’ top court on Friday accusing Israel of genocide against Palestinians in Gaza and asking the court to order Israel to halt its attacks.
South Africa’s submission to the International Court of Justice alleges that “acts and omissions by Israel … are genocidal in character” as they are committed with the intent “to destroy Palestinians in Gaza as a part of the broader Palestinian national, racial and ethnical group”.
It also asks the Hague-based court to issue an interim order for Israel to immediately suspend its military operations in Gaza.
A hearing into that request is likely in the coming days or weeks. The case, if it goes ahead, will take years.
It is the first such challenge made at the court over the current war and Israel swiftly rejected the filing “with disgust”.
South Africa can bring the case under the Genocide Convention because both it and Israel are signatories to the convention.
The Israeli government “rejected with disgust” the South African genocide accusations, calling it a “blood libel”.
A Foreign Ministry statement said the case lacks a legal foundation and constitutes a “vile exploitation and cheapening” of the court.
Israel also accused South Africa of co-operating with Hamas, the militant group whose October 7 cross-border attack in southern Israel triggered the ongoing war in Gaza.
The statement also said Israel is committed to, and operates according to, international law and focuses its military actions solely against Hamas, adding that the residents of Gaza are not an enemy.
It asserted that it takes steps to minimise harm to civilians and to allow humanitarian aid to enter the territory.
Whether the case will succeed in halting the war remains to be seen. While the court’s orders are legally binding, they are not always followed.
In March 2022, the court ordered Russia to halt hostilities in Ukraine, a binding legal ruling that Moscow flouted as it pressed ahead with its devastating attacks on Ukrainian towns and cities.
South Africa has been a fierce critic of Israel’s military campaign in Gaza.
Many, including President Cyril Ramaphosa, have compared Israel’s policies in Gaza and the West Bank with South Africa’s past apartheid regime of racial segregation.
Mr Ramaphosa has accused Israel of war crimes and acts “tantamount to genocide”.
South Africa’s foreign ministry said in a statement that the country is “gravely concerned with the plight of civilians caught in the present Israeli attacks on the Gaza Strip due to the indiscriminate use of force and forcible removal of inhabitants”.
The ministry added that there are “ongoing reports of international crimes, such as crimes against humanity and war crimes, being committed as well as reports that acts meeting the threshold of genocide or related crimes as defined in the 1948 Convention on the Prevention and Punishment of Genocide, have been and may still be committed in the context of the ongoing massacres in Gaza”.
In the Israeli-occupied West Bank, the Palestinian Foreign Ministry welcomed South Africa’s accusations against Israel. In a statement on social media, it urged the court to “immediately take action to protect Palestinian people and call on Israel, the occupying power, to halt its onslaught against the Palestinian people”.
The ICC prosecutes individuals for war crimes, crimes against humanity and genocide, while the International Court of Justice settles disputes between nations.
Balkees Jarrah, associate international justice director at Human Rights Watch, said South Africa’s case “provides an important opportunity for the International Court of Justice to scrutinise Israel’s actions in Gaza using the Genocide Convention of 1948″.
She said South Africa is looking to the United Nations’ highest judicial body “to provide clear, definitive answers on the question of whether Israel is committing genocide against the Palestinian people”.
Ms Jarrah stressed that the ICJ case “is not a criminal case against individual alleged perpetrators, and it does not involve the International Criminal Court (ICC), a separate body. But the ICJ case should also propel greater international support for impartial justice at the ICC and other credible venues”.
Why are you making commenting on The Herald only available to subscribers?
It should have been a safe space for informed debate, somewhere for readers to discuss issues around the biggest stories of the day, but all too often the below the line comments on most websites have become bogged down by off-topic discussions and abuse.
heraldscotland.com is tackling this problem by allowing only subscribers to comment.
We are doing this to improve the experience for our loyal readers and we believe it will reduce the ability of trolls and troublemakers, who occasionally find their way onto our site, to abuse our journalists and readers. We also hope it will help the comments section fulfil its promise as a part of Scotland's conversation with itself.
We are lucky at The Herald. We are read by an informed, educated readership who can add their knowledge and insights to our stories.
That is invaluable.
We are making the subscriber-only change to support our valued readers, who tell us they don't want the site cluttered up with irrelevant comments, untruths and abuse.
In the past, the journalist’s job was to collect and distribute information to the audience. Technology means that readers can shape a discussion. We look forward to hearing from you on heraldscotland.com
Comments & Moderation
Readers’ comments: You are personally liable for the content of any comments you upload to this website, so please act responsibly. We do not pre-moderate or monitor readers’ comments appearing on our websites, but we do post-moderate in response to complaints we receive or otherwise when a potential problem comes to our attention. You can make a complaint by using the ‘report this post’ link . We may then apply our discretion under the user terms to amend or delete comments.
Post moderation is undertaken full-time 9am-6pm on weekdays, and on a part-time basis outwith those hours.
Read the rules hereLast Updated:
Report this comment Cancel