ICJ case brought by South Africa accusing Israel of genocide over the Gaza War

Yasir AliJanuary 11, 2024

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ICJ case brought by South Africa accusing Israel of genocide over the Gaza War

Arguments that Israel is carrying out genocide in its war on Gaza are being heard by ICJ (the International Court of Justice).
Amidst calls for a truce in Gaza, Africa submitted the lawsuit in the month of December, a move that was applauded by a number of nations.
The Hague-based court will hear arguments from South Africa on Thursday and Israel’s response on Friday.
Since October 7, Israeli attacks on the Gaza have resulted in a minimum of 23,210 Palestinian deaths and over 59,000 injuries.

Israel is accused by South Africa of violating the UN Genocide Convention.

On Thursday, South Africa charged Israel with violating the UN Genocide Agreement, claiming that not even the Hamas attack on October 7 could excuse such claimed behavior.

To compel Israel to “immediately suspend” its military activities in Gaza, Pretoria has made an immediate request to the International Court of Justice (ICJ). Israel has rejected the case, calling it “preposterous” and “atrocious.” “No violent assault on a state territory, no matter how severe… can defend or justify violations of the convention,” declared Ronald Lamola, the justice minister of Pretoria.

He went on to lay out South Africa’s case before the ICJ, saying, “Israel’s response to the 7th of October attack has gone over this line as well as given the opportunity for the infractions of the convention.”
When Hamas carried out its historic 7th of October attack, which killed roughly 1,140 people in Israel, predominantly civilians, an AFP count using official figures showed that the conflict in Gaza broke out.
At least 23,357 people have died as a result of Israel’s ruthless military campaign in response, the majority of whom were women and children, in accordance with the Gaza Health Ministry, which is controlled by Hamas.

South Africa charges Israel of committing genocide in Gaza before the World Court.

According to South Africa, Israel is not abiding by the 1948 UN Genocide Convention, which was signed as the world cried “never again” in the wake of the Holocaust.

Often referred to as the “World Court,” the International Court of Justice (ICJ) adjudicates international disputes, and South Africa, as a signatory to the agreement, may bring an action against Israel.
Since it was in power, the African National Congress (ANC) has been a staunch ally of Israel and has frequently drawn a parallel between the Palestinian cause and its own fight against the white-minority government.
The “particular weight of responsibility” that comes with accusing Israel of genocide has been acknowledged by South Africa, which has also “unequivocally” denounced the Hamas attacks that ignited the Gaza War.

“Absurd and ridiculous”

Israel’s President Isaac Herzog previously alluded to his nation’s likely defense, but Israel will make its own claims on Friday. Nothing is more heinous and absurd than this assertion, according to Herzog. He declared, “We will proudly present our case of using self-defense under the rules of international humanitarian law in an international court of Justice.”

“Doing its utmost under highly complex situations on the ground to ensure that there will probably be no unintentional repercussions and no civilian casualties,” he said of the Israeli army’s actions.
Israel is an ally of the United States, which is supporting it. The State Department calls the accusations “unfounded.”

State Department spokesperson Matthew Miller stated, “In actuality, those who are openly calling for the destruction of Israel or the systematic murder of Jews are the ones who are actively harming Israel.”
The ICJ may make a decision in a few weeks because the process is urgent.
Its decisions are final and not subject to appeal. But nations don’t always abide by the court’s decisions; the ICJ, for instance, has ordered Russia to cease its invasion of Ukraine.
However, a court decision that finds against Israel will undoubtedly put greater political stress on the nation; in fact, many believe it may be used as a justification for sanctions.

According to Cecily Rose, an assistant professor of international law and public policy at Leiden University, the court is not required to make a decision on the case’s basic merits at this time because it will probably take years to resolve.

“Rather, the court’s sole assessment would be whether there is a possibility of irreversible harm to rights guaranteed by the Genocide Convention, specifically the Gaza-based Palestinians’ right to be shielded from actions that jeopardies their collective existence,” Rose told AFP.