11/1/2024–|Last updated: 11/1/202411:14 AM (Mecca time)
The International Court of Justice is scheduled to begin hearings – today, Thursday – in a case that may harm Israel’s reputation, as South Africa accuses it of committing genocide in its war on Gaza. Here are 7 questions to clarify this issue, as summarized by the British newspaper The Guardian:
What is the International Court of Justice?
It is the Supreme Court of the United Nations. It was founded in 1945 and is headquartered in The Hague. It specializes in adjudicating disputes between countries and expressing advisory opinions. It includes 15 judges who will be reinforced by an additional judge from each side in the Israel case. They are elected for a period of 9 years by the United Nations General Assembly and the Security Council. .
What is this case that South Africa filed against Israel?
South Africa accuses Israel of committing genocide in its war on Gaza, and says – in its 84-page file – that Israel failed to prevent genocide and failed to prosecute officials who openly incited genocide.
South Africa wants to issue a resolution requiring Israel to take temporary measures to prevent the situation from worsening while the case is decided.
What is the legal definition of genocide?
The Genocide Convention, ratified by 153 countries including Israel, defines genocide as any act committed with intent to destroy, in whole or in part, a particular national, ethnical, racial or religious group.
These actions include killing group members, causing serious physical or mental harm to them, destroying their living conditions with the aim of uprooting them, preventing them from having children, and forcibly transferring their children to other groups.
Intent to commit genocide remains “the most difficult element to determine,” according to the United Nations definition.
What did Israel say?
Immediately after the case was launched, Israeli Foreign Ministry spokesman Lior Hayat issued a strong rebuke to South Africa, calling the allegations “baseless.”
Hayat said in a post on the
How long does this case take?
The full case — which begins Thursday with two days of hearings — is likely to take years. However, an interim measure could be issued within weeks.
In order to obtain interim action, South Africa does not need to prove that genocide has occurred, but rather to prove that the court would have jurisdiction prima facie, or “prima facie” and that some of the acts cited in its complaint – including the death toll and the forced displacement of Palestinians – In Gaza – could be subject to liability under the Genocide Convention.
However, even if the court decides not to take interim action, it can still decide that it has jurisdiction to decide it, and continue with the case.
Is South Africa’s application supported by other countries?
South Africa’s request was welcomed by the Organization of Islamic Cooperation, a group of 57 countries, many of them African and Muslim-majority countries such as Turkey and Malaysia, which also issued separate statements of support.
What significance will this ruling have?
The court’s decision is final and not subject to appeal, but it cannot implement its decisions, and it is not clear whether Israel will abide by them. But such a ruling would harm Israel’s reputation and set a legal precedent.
