South Africa presents its genocide case against Israel before the ICJ. Here’s what you need to know so far
The International Court of Justice (ICJ) is in the first of its two-day hearings into proceedings brought by South Africa accusing Israel of genocide against Palestinians in Gaza.
It is an unprecedented case. Experts say it is the first time the Jewish state has been tried under the United Nations Genocide Convention, which was drafted after World War II in light of the atrocities committed against the Jewish people during the Holocaust.
Here’s what you need to know now:
What is the case? South Africa is taking Israel to the ICJ, also known as the World Court, over accusations that it is committing genocide against Palestinians in Gaza and failing to prevent or punish the genocide. South Africa is making its case this Thursday and Israel will defend itself next Friday.
What does Israel say? Israel has firmly rejected the accusation, calling it “absurd blood libel.” President Isaac Herzog said Tuesday there was “nothing more egregious and absurd” than South Africa’s claim.
Israel will bring a case “in self-defense,” he said, to show that it is doing “everything possible” under “extremely complicated circumstances” to avoid civilian casualties in Gaza in its war against Hamas.
What does South Africa want? South Africa says Israel’s acts in Gaza are genocidal “because they aim to bring about the destruction of a substantial part of the Palestinian national, racial, and ethnic group.”
South Africa has asked the court to issue “interim measures” ordering Israel to stop its war, which it said was “necessary in this case to protect against further, serious and irreparable harm to the rights of the Palestinian people.” A provisional measure is a temporary order to stop actions, or a court order, pending a final ruling.
A ruling on genocide could take years to be proven, but the precautionary measure on the Gaza war that Pretoria, the capital of South Africa, has requested from the ICJ could come much sooner.
What has happened in court so far? South Africa’s Justice Minister Ronald Lamola said that “South Africa unequivocally condemned the attacks on civilians by Hamas, other groups and Palestinians, as well as the hostage taking on October 7, 2023.”
But, he argued, “no armed attack against the territory of a State, however serious… even an attack involving atrocity crimes can provide any justification or defense for violations of the convention,” adding that “Israel’s response “The October 7, 2023 attack crossed this line and gives rise to violations of the convention.”
Adila Hassim, one of the defenders representing South Africa, noted that Palestinians in Gaza “have been killed if they have not been able to evacuate, in the places to which they have fled, and even when they have tried to flee through safe routes declared by Israel.”
“Israel’s level of killing is so extensive that no place is safe in Gaza,” he declared, adding that the destruction was “beyond any acceptable legal, let alone humane, justification.”
Another lawyer representing South Africa, Tembeka Ngcukaitobi, said there was an “extraordinary feature” in this case: “Israel’s political leaders, military commanders and people holding official positions have consistently and in explicit terms declared their genocidal intent.”
He referred to statements by Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant.
He said these statements “are then repeated by soldiers on the ground in Gaza as they engage in the destruction of Palestinians and Gaza’s physical infrastructure.”