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The submission states that that “acts and omissions by Israel… are genocidal in character, as they are committed with the requisite specific intent… to destroy Palestinians in Gaza as a part of the broader Palestinian national, racial and ethnical group”.<ref name="Violationof1948GC2"/> Genocidal actions alleged in the suit included the mass killing of Palestinians in Gaza, the destruction of their homes, their expulsion and displacement, as well as their blockade on food, water and medical aid to the region. Additionally, South Africa said that Israel had imposed measures preventing Palestinian births through the destruction of essential health services vital for the survival of pregnant women and their babies. The suit argued that all of such actions were “intended to bring about their [Palestinians] destruction as a group”.<ref name="Violationof1948GC1"/> South Africa also asserts that statements made by Israeli officials, such as Prime Minister [[Benjamin Netanyahu]], have displayed “genocidal intent”.<ref name="Violationof1948GC1"/>
The submission states that that “acts and omissions by Israel… are genocidal in character, as they are committed with the requisite specific intent… to destroy Palestinians in Gaza as a part of the broader Palestinian national, racial and ethnical group”.<ref name="Violationof1948GC2"/> Genocidal actions alleged in the suit included the mass killing of Palestinians in Gaza, the destruction of their homes, their expulsion and displacement, as well as their blockade on food, water and medical aid to the region. Additionally, South Africa said that Israel had imposed measures preventing Palestinian births through the destruction of essential health services vital for the survival of pregnant women and their babies. The suit argued that all of such actions were “intended to bring about their [Palestinians] destruction as a group”.<ref name="Violationof1948GC1"/> South Africa also asserts that statements made by Israeli officials, such as Prime Minister [[Benjamin Netanyahu]], have displayed “genocidal intent”.<ref name="Violationof1948GC1"/>


=== Israel response ===
=== Israeli response ===
Israel rejected the allegations "with disgust"<ref name=":6" /> and accused South Africa of "cooperating with a terrorist organisation that is calling for the destruction of the State of Israel",<ref name=":1" /> describing the actions of South Africa as "[[blood libel]]",<ref>{{Cite web |date=2023-12-29 |title=South Africa launches case at The Hague accusing Israel of genocide in Gaza |url=https://www.heraldscotland.com/news/national/24018477.south-africa-launches-case-hague-accusing-israel-genocide-gaza/ |access-date=2023-12-29 |website=The Herald |language=en}}</ref><ref>{{cite news |last1=Borger |first1=Julian |title=South Africa launches case at UN court accusing Israel of genocide |url=https://www.theguardian.com/world/2023/dec/29/south-africa-accuses-israel-of-committing-genocide-in-gaza |work=The Guardian |date=29 December 2023}}</ref> and calling Palestinians "the modern heirs of the [[Nazism|Nazis]]".<ref>{{cite news |last1=Lazaroff |first1=Tovah |date=2 Jan 2024 |title=Israel to defend itself at Int'l Court of Justice's genocide hearing on Gaza |work=The Jerusalem Post |url=https://www.jpost.com/breaking-news/article-780436 |access-date=2 January 2024}}</ref>
Israel rejected the allegations "with disgust"<ref name=":6" /> and accused South Africa of "cooperating with a terrorist organisation that is calling for the destruction of the State of Israel",<ref name=":1" /> describing the actions of South Africa as "[[blood libel]]",<ref>{{Cite web |date=2023-12-29 |title=South Africa launches case at The Hague accusing Israel of genocide in Gaza |url=https://www.heraldscotland.com/news/national/24018477.south-africa-launches-case-hague-accusing-israel-genocide-gaza/ |access-date=2023-12-29 |website=The Herald |language=en}}</ref><ref>{{cite news |last1=Borger |first1=Julian |title=South Africa launches case at UN court accusing Israel of genocide |url=https://www.theguardian.com/world/2023/dec/29/south-africa-accuses-israel-of-committing-genocide-in-gaza |work=The Guardian |date=29 December 2023}}</ref> and calling Palestinians "the modern heirs of the [[Nazism|Nazis]]".<ref>{{cite news |last1=Lazaroff |first1=Tovah |date=2 Jan 2024 |title=Israel to defend itself at Int'l Court of Justice's genocide hearing on Gaza |work=The Jerusalem Post |url=https://www.jpost.com/breaking-news/article-780436 |access-date=2 January 2024}}</ref>


Revision as of 08:18, 7 January 2024

South Africa v. Israel (Genocide Convention)
CourtInternational Court of Justice
Full case name Proceedings instituted by South Africa against the State of Israel on 29 December 2023
Started2023 (2023)
Keywords

The Proceedings instituted by South Africa against the State of Israel on 29 December 2023 concerning alleged violations by Israel of its obligations under the Genocide Convention in relation to Palestinians in the Gaza Strip is a proceeding in the International Court of Justice initially requesting the Court to render provisional measure of protection.[1] South Africa's submission places the charges in what it describes as "the broader context of Israel's conduct towards Palestinians during its 75-year-long apartheid, its 56-year-long belligerent occupation of Palestinian territory and its 16-year-long blockade of Gaza".[2][3]

The Israeli Ministry of Foreign Affairs has stated in diplomatic cables that a ruling against Israel "could have significant potential implications that are not only in the legal world but have practical bilateral, multilateral, economic, security ramifications".[4]

Public hearings will be held at the Peace Palace in The Hague on Thursday 11 and Friday 12 January 2024.[5][6][7]

Genocide Convention

Main article: Genocide Convention

In 1948, the United Nations General Assembly unanimously adopted the Convention on the Prevention and Punishment of the Crime of Genocide, which defined genocide as any of five "acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group". The acts were: killing members of the group, causing them serious bodily or mental harm, imposing living conditions intended to destroy the group, preventing births, and forcibly transferring children out of the group. Victims must be targeted because of their real or perceived membership of a group, not randomly.[8][9]

Proceedings

Public hearings will be held at the Peace Palace in The Hague

Proceedings were instituted on 29 December 2023 at the International Court of Justice pursuant to the Genocide Convention, to which both Israel and South Africa are signatory,[10] and brought pursuant to Article IX of the convention.[11][12]

Balkees Jarrah, associate international justice director at Human Rights Watch, notes that the ICJ case is not a prosecution of individuals, and does not directly involve the International Criminal Court, which is a separate body.[10] Jarrah stated that the case presents an opportunity to "provide clear, definitive answers on the question of whether Israel is committing genocide against the Palestinian people."[10]

South African position

South Africa accuses Israel of committing genocide in Gaza in violation of the Genocide Convention.[13][14] The South African legal team includes John Dugard, Adila Hassim, Tembeka Ngcukaitobi, Max Du Plessis, Tshidiso Ramogale, Sarah Pudifin-Jones, Lerato Zikalala, Vaughan Lowe and Blinne Ní Ghrálaigh.[15]

In the country's 84-page application it alleged that Israel's actions "are genocidal in character because they are intended to bring about the destruction of a substantial part of the Palestinian national, racial and ethnical group."[11][16] South Africa requested that the ICJ issue a binding legal order on an interim basis (i.e., prior to a hearing on the merits of the application), requiring Israel to "immediately suspend its military operations in and against Gaza."[11][16] While adjudication of the merits of the case may take years, such an order could be issued within weeks.[10] Additionally, South Africa's president Cyril Ramaphosa also compared Israel's actions to apartheid.[17]

The submission states that that “acts and omissions by Israel… are genocidal in character, as they are committed with the requisite specific intent… to destroy Palestinians in Gaza as a part of the broader Palestinian national, racial and ethnical group”.[14] Genocidal actions alleged in the suit included the mass killing of Palestinians in Gaza, the destruction of their homes, their expulsion and displacement, as well as their blockade on food, water and medical aid to the region. Additionally, South Africa said that Israel had imposed measures preventing Palestinian births through the destruction of essential health services vital for the survival of pregnant women and their babies. The suit argued that all of such actions were “intended to bring about their [Palestinians] destruction as a group”.[13] South Africa also asserts that statements made by Israeli officials, such as Prime Minister Benjamin Netanyahu, have displayed “genocidal intent”.[13]

Israeli response

Israel rejected the allegations "with disgust"[10] and accused South Africa of "cooperating with a terrorist organisation that is calling for the destruction of the State of Israel",[6] describing the actions of South Africa as "blood libel",[18][19] and calling Palestinians "the modern heirs of the Nazis".[20]

On 2 January 2024, Israel decided to appear before the ICJ in response to South Africa's case, despite a prior history of ignoring international tribunals.[16][21] Israel will be represented by Malcolm Shaw.[4][22]

The Israeli Ministry of Foreign Affairs has stated in diplomatic cables that a ruling against Israel "could have significant potential implications that are not only in the legal world but have practical bilateral, multilateral, economic, security ramifications".[4] Israel's defence is expected to be complicated by inflammatory public commentary on the situation in Gaza made by various members of the government coalition.[23][24]

Analysis

According to Patrick Wintour, although South Africa could argue that Israeli precautionary measures to minimise civilian casualties were "performative at best, and knowingly ineffective at worst", it may be difficult for the court to find against Israel because the submission had only limited reference to what Wintour described as Hamas "embedding itself" among civilians or to Israel's right to self defence.[25] Azmi Bishara commented that genocide "...is linked to intent to exterminate; then to actions taken in the context of implementing the genocide, that is, eliminating an ethnic or religious group or a portion of it, and [in this case] proving that in legal terms will not be difficult" while a claim of self-defense should fail as the court has previously ruled that "an occupation force doesn't have the right to self-defense".[26]

Other international responses

South Africa's case has been supported by the following states and international organizations:

It has also been supported by activist groups such as:

U.S. National Security Council Coordinator for Strategic Communications John Kirby said the U.S. found the "submission meritless, counterproductive, completely without any basis in fact whatsoever."[33]

See also

References

  1. ^ The request for provisional measures is made under Article 74 of the Rules of the Court, which states that "A request for the indication of provisional measures shall have priority over all other cases."
  2. ^ Maupas, Stéphanie (1 January 2024). "Israel-Hamas war: South Africa brings 'genocide' case before international courts". Le Monde.fr. Retrieved 6 January 2024. 'Long years of apartheid'... The South African lawyers have relied on UN reports, reports by Palestinian journalists and research by NGOs, because Israel prevents the international press from entering the Gaza Strip, as well as investigators from the International Criminal Court and the UN Human Rights Commission. They added that this genocide is committed "against a background of apartheid, expulsion, ethnic cleansing, annexation, occupation, discrimination and ongoing denial of the right of the Palestinian people to self-determination."
  3. ^ Powell, Anita (5 January 2024). "South Africa to Take Israel to Top UN Court on Genocide Claim in Gaza". Voice of America. Retrieved 6 January 2024. In the court application, South Africa argues that the treatment of Palestinians also bears strong resemblance to South Africa's own racially motivated apartheid regime, which ended in 1994 with Mandela's election. "It is important," the submission reads, "to place the acts of genocide in the broader context of Israel's conduct towards Palestinians during its 75-year-long apartheid, its 56-year-long belligerent occupation of Palestinian territory and its 16-year-long blockade of Gaza, including the serious and ongoing violations of international law associated therewith, including grave breaches of the Fourth Geneva Convention, and other war crimes and crimes against humanity."
  4. ^ a b c Ravid, Barak (5 January 2024). "Inside Israel's plan to quash South Africa's Gaza genocide case". Axios. Retrieved 6 January 2024.
  5. ^ "3 January press release" (PDF).
  6. ^ a b Chao-Fong, Léonie; Belam, Martin; Ahmad, Reged; Belam, Léonie Chao-Fong (now); Martin; Ahmad (earlier), Reged (29 December 2023). "Israel-Gaza war live: Israel hits back at South Africa after it launches genocide case at UN's top court". the Guardian. ISSN 0261-3077. Archived from the original on 3 January 2024. Retrieved 5 January 2024.{{cite news}}: CS1 maint: multiple names: authors list (link)
  7. ^ Roelf, Wendell; Sterling, Toby (29 December 2023). "South Africa files genocide case against Israel at World Court". Reuters. Archived from the original on 29 December 2023. Retrieved 5 January 2024.
  8. ^ Office of the UN Special Adviser on the Prevention of Genocide (2014). "Legal definition of genocide" (PDF). United Nations. Archived (PDF) from the original on 30 January 2016. Retrieved 29 December 2023.
  9. ^ Voice of America (15 March 2016). "What Is Genocide?". Voice of America. Archived from the original on 11 August 2017. Retrieved 29 December 2023.
  10. ^ a b c d e "South Africa launches case at top UN court accusing Israel of genocide in Gaza". Associated Press. 29 December 2023. Archived from the original on 2 January 2024. Retrieved 5 January 2024.
  11. ^ a b c "Proceedings instituted by South Africa against the State of Israel on 29 December 2023" (PDF). International Court of Justice. 29 December 2023. Archived from the original on 5 January 2024. Retrieved 5 January 2024. ALT Link
  12. ^ "South Africa institutes proceedings against Israel and requests the International Court of Justice to indicate provisional measures" (Press release). The Hague, Netherlands: International Court of Justice. United Nations Information System on the Question of Palestine. 29 December 2023. Archived from the original on 5 January 2024. Retrieved 5 January 2023.
  13. ^ a b c Lawal, Shola (3 January 2024). "Can South Africa's ICJ case against Israel stop war in Gaza?". Al Jazeera. Retrieved 5 January 2024.
  14. ^ a b Wintour, Patrick (4 January 2024). "Stakes high as South Africa brings claim of genocidal intent against Israel". The Guardian. Retrieved 5 January 2024.
  15. ^ Kgosana, Rorisang (5 January 2024). "The 'A-team' lawyers representing South Africa at the world court against Israel". timeslive.co.za. Retrieved 6 January 2024.
  16. ^ a b c Corder, Mike. "South Africa's genocide case against Israel sets up a high-stakes legal battle at the UN's top court". ABC News. Archived from the original on 3 January 2024. Retrieved 5 January 2024.
  17. ^ Carl, Traci (29 December 2023). "South Africa accuses Israel of genocide in a U.N. court". The New York Times. ISSN 0362-4331. Archived from the original on 4 January 2024. Retrieved 5 January 2024.
  18. ^ "South Africa launches case at The Hague accusing Israel of genocide in Gaza". The Herald. 29 December 2023. Retrieved 29 December 2023.
  19. ^ Borger, Julian (29 December 2023). "South Africa launches case at UN court accusing Israel of genocide". The Guardian.
  20. ^ Lazaroff, Tovah (2 January 2024). "Israel to defend itself at Int'l Court of Justice's genocide hearing on Gaza". The Jerusalem Post. Retrieved 2 January 2024.
  21. ^ "Israel to contest genocide case filed by South Africa at International Court of Justice". www.aa.com.tr. Retrieved 4 January 2024.
  22. ^ "British lawyer to defend Israel from Gaza genocide claims in The Hague | The Times of Israel".
  23. ^ Dettmer, Jamie (5 January 2024). "How Israel will fight Gaza genocide accusations in The Hague". POLITICO. Retrieved 6 January 2024.
  24. ^ Landsmann, Carolina (5 January 2024). "Don't Blame the Gatekeepers for the Genocide-inciting Extremists in Israel's Government". Haaretz.com. Retrieved 6 January 2024.
  25. ^ Wintour, Patrick (4 January 2024). "Stakes high as South Africa brings claim of genocidal intent against Israel". The Guardian. Retrieved 6 January 2024.
  26. ^ Staff, The New Arab (3 January 2024). "Azmi Bishara: ICJ will prove Israel genocide case with ease". The New Arab.
  27. ^ a b Conley, Julia (3 January 2024). "Turkey, Malaysia Back South Africa's ICJ Genocide Case Against Israel". Common Dreams. Archived from the original on 3 January 2024. Retrieved 4 January 2024.
  28. ^ "Jordan backs South Africa ICJ genocide file against Israel". The New Arab. 5 January 2024. Retrieved 6 January 2024.
  29. ^ Cooperation, Organization of Islamic (7 December 2021). "OIC Welcomes South Africa's International Court of Justice Suit against Israel Over Genocide". OIC Welcomes South Africa’s International Court of Justice Suit against Israel Over Genocide. Retrieved 6 January 2024.
  30. ^ a b c d Garriga, Melissa (2 January 2024). "Peace Groups Urge Countries to Join South Africa in Charging Israel With Genocide" (Press release). Washington, D.C.: CodePink. Archived from the original on 3 January 2024. Retrieved 5 January 2024.
  31. ^ a b c d Jimoh, Abdullahi (4 January 2024). "Over 100 Global Organisations Rally for South Africa's Genocide Case Against Israel at ICJ". News Central TV. Retrieved 6 January 2024.
  32. ^ a b c d Conley, Julia (3 January 2024). "100+ Global Rights Groups Urge Support for South Africa's Genocide Case Against Israel at ICJ". Common Dreams. Retrieved 6 January 2024.
  33. ^ "US rebukes South Africa for 'meritless' genocide suit against Israel". The Times of Israel. Jewish News Syndicate. 4 January 2024. Archived from the original on 5 January 2024. Retrieved 5 January 2024.
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