In a significant move, South Africa has approached the International Court of Justice (ICJ), urging an urgent declaration that Israel is violating the 1948 Genocide Convention in its crackdown on the Palestinian group Hamas in Gaza. The filing contends that Israel’s actions breach its obligations under the convention, established in the aftermath of the Holocaust, which criminalizes attempts to destroy a people, wholly or partly.
South Africa’s application requests the ICJ to issue provisional measures, demanding that Israel ceases its military campaign in Gaza. These measures are deemed necessary to prevent further severe and irreparable harm to the rights of the Palestinian people. However, no specific date has been set for a hearing.
While the ICJ, also known as the World Court, is the United Nations’ venue for resolving state disputes, its rulings are not always universally adhered to. In a recent example, in March 2022, the court ordered Russia to immediately halt its military campaign in Ukraine.
The conflict in question began on October 7 when Hamas militants initiated a cross-border attack, resulting in the death of 1,200 people and the seizure of 240 hostages, according to Israel’s count. In response, Israel launched an assault on Hamas-ruled Gaza, resulting in the death of over 21,000 people, according to Palestinian health officials.
Israel’s foreign ministry promptly rejected South Africa’s filing, attributing the suffering of Palestinians in Gaza to Hamas, accusing them of using civilians as human shields and misappropriating humanitarian aid. Israel emphasizes its efforts to limit harm to non-involved individuals and facilitate the entry of humanitarian aid into Gaza.
This legal action by South Africa is the latest in a series of moves against Israel, following its parliamentary vote in favor of closing the Israeli embassy in Pretoria and suspending diplomatic relations until a ceasefire is achieved. South Africa has a long-standing history of supporting the Palestinian cause for statehood, drawing parallels between the plight of Palestinians and the struggle of the Black majority in apartheid-era South Africa—a comparison vehemently denied by Israel.
By Reuters
