South Africa’s “genocide” lawsuit against Israel will begin to be discussed this week at the International Court of Justice in The Hague. What could happen?
The International Court of Justice (ICJ) will this week hold the first hearings in South Africa’s genocide case against Israel, which demands that Benjamin Netanyahu’s government end combat operations in Gaza.
The hearing, scheduled for January 11 and 12, is very important for Israel which, for the first time in decades of boycott of the highest UN court, has agreed to defend itself before the 15 judges elected in The Hague , in the Nederlands.
What is the subject of the case?
South Africa took the matter to the ICJ in late December, alleging that Israel had engaged in “genocidal acts” in Gaza during its declared war against Hamas and asking the Court to approve an interim measure that would prevent the country’s defense forces from continuing their deadly operations in the region.
According to South Africa, Israel has violated its obligations under the Genocide Convention. The 84-page document filed by South Africa accuses Israel of committing acts in Gaza that are “genocidal in nature because they aim to bring about the destruction of a substantial part of the Palestinian national, racial and ethnic group”.
According to the Hamas Ministry of Health, more than 22,000 Palestinians, most of them women and children, have been killed by Israeli strikes since the start of the conflict. The war was sparked by Hamas’ attack on Israel on October 7, which left 1,200 people dead, most of them civilians.
Israel denied South Africa’s accusation “with disgust”calling it “unfounded” and announcing that he would defend himself in court – a move that would make it more difficult for the Israeli government to rule out any possible conviction.
How will Israel defend itself?
The necessary genocidal intent – which is a very particular characteristic for the crime of genocide to be proven – in this particular case “can be supported by the pattern of conduct of the Israeli army, but also by several public statements made by several Israeli representatives and officials“, Maria Varaki, Senior Lecturer in International Law at the Department of War Studies at King’s College London, told Euronews.
But it is this aspect that Israel is likely to contest, according to Alonso Gurmendi Dunkelberg, Senior Lecturer in International Relations at King’s College.
“For there to be genocide, the crime must have been committed with the specific intention of destroying a group as such, of destroying a group because it is that group”he explains to Euronews.
“That is the tricky point and I expect Israel’s defense to focus on that. He will either say that he did not commit the act himself or that he did not. ‘did not create the conditions that make Gaza uninhabitable, insisting he let trucks carrying aid through’adds Alonso Gurmendi Dunkelberg.
How long will it take the ICJ to make a decision?
The hearing on January 11 and 12 will not yet examine the merits of the complaint for genocide filed against Israel, but will only rule on the provisional measures urgently requested by South Africa. This latest decision could come between a few weeks and one or two months after the hearing, according to experts.
“If the Court follows what it did in the previous cases, Gambia v. Burma or Ukraine v. Russia – both of which invoked the Genocide Convention – I expect the Court to grant the interim measure (requested by South Africa) in a few weeks”confides Maria Varaki.
Regarding the merits of the genocide case, Alonso Gurmendi Dunkelberg specifies that he could “several years pass” before the Court renders a verdict.
What would condemnation mean for Israel?
The International Court of Justice, the main judicial body of the United Nations, does not have the power to initiate prosecutions, but its decisions carry some weight within the international community. A conviction for genocide has a considerable impact on a country’s position on the international stage.
“The Genocide Convention deals with crimes. This is why many people want this conviction”underlines Maria Varaki. “I’m not just talking about the current case. Generally speaking, they want a conviction because they think it’s the worst conviction ever.”.
While Israel would have a legal obligation to follow through on the ICJ’s potential approval of the precautionary measure requested by South Africa, Alonso Gurmendi Dunkelberg confides that there had been precedents of non-compliance , including in the United States.
“The problem is there is no international police to knock on your door and say: you have violated a judge’s order, I am arresting you for contempt of court or whatever of this kind. Everything therefore depends on what other States can do and what they do“, he explains.
“Assuming that Israel does not comply with the order – which is not the case, Israel could simply comply – then other states could put pressure on Israel (to do so). do)”. A conviction could weaken Western allies’ support for Israel’s war in Gaza.
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