South Africa has formally requested the International Court of Justice (ICJ) for an urgent order, claiming that Israel has violated its obligations under the 1948 Genocide Convention in its actions against the Palestinian group Hamas in Gaza. The ICJ, also known as the World Court, is the United Nations forum for resolving state disputes. Israel’s foreign ministry has dismissed the lawsuit as “baseless.”
South Africa’s filing alleges that Israel is violating its obligations under the Genocide Convention, drafted in the aftermath of the Holocaust, which criminalizes attempts to destroy a people wholly or partially. The request asks the ICJ to issue provisional measures directing Israel to halt its military campaign in Gaza, citing the need to prevent further severe and irreparable harm to the rights of the Palestinian people.
No hearing date has been set. While the ICJ’s decisions are sometimes disregarded, it ordered Russia to immediately cease its military campaign in Ukraine in March 2022.
Israel, in response to South Africa’s suit, attributes the suffering of Palestinians in Gaza to Hamas, accusing the group of using them as human shields and misappropriating humanitarian aid. Israel emphasizes its efforts to minimize harm to non-involved individuals in Gaza.
Palestine, recognized by the court as having “observer state” status, welcomes South Africa’s legal action, urging the court to take immediate action to protect the Palestinian people.
This move by South Africa follows its recent decision by lawmakers to close down the Israeli embassy in Pretoria and suspend diplomatic relations with Israel, adding to the country’s history of supporting the Palestinian cause.
South Africa’s Department of International Relations and Cooperation (DIRCO) states that Israel has failed to prevent genocide and prosecute direct and public incitement to genocide since October 7, 2023. The country has been a longstanding advocate for Palestinian statehood, drawing parallels between the Palestinian struggle and the apartheid era in South Africa, a comparison vehemently denied by Israel.
Separately, the International Criminal Court (ICC) in The Hague is investigating alleged atrocities in Gaza and the West Bank, with Israel rejecting the ICC’s jurisdiction as it is not a member of the court. Source: Reuters
