South Africa has filed a complaint against Israel at the International Court of Justice (ICJ), accusing it of crimes of genocide against Palestinians in Gaza after nearly three months of relentless Israeli bombing that has killed more than 21,500 people. and caused widespread destruction in the besieged enclave. .
In a court filing on Friday, South Africa called Israel’s actions in Gaza “genocidal in character because they aim to bring about the destruction of a substantial part of the Palestinian national, racial and ethnic group.” .
“The acts in question include the killing of Palestinians in Gaza, causing them serious physical and mental harm and inflicting upon them living conditions calculated to bring about their physical destruction,” the request states.
The ICJ, also called the World Court, is a United Nations civil tribunal that decides disputes between countries. It is distinct from the International Criminal Court (ICC), which prosecutes individuals for war crimes.
As members of the UN, South Africa and Israel are bound by the Court.
South African President Cyril Ramaphosa has compared Israeli policies in Gaza and the occupied West Bank with the apartheid regime of racial segregation imposed by the white minority that ended in 1994.
Several human rights organizations have said that Israeli policies towards the Palestinians amount to apartheid.
PRESS RELEASE: #South Africa initiate proceedings against #Israel and ask the #ICJ to indicate precautionary measures pic.twitter.com/VCCDyORrLy
–CIJ_ICJ (@CIJ_ICJ) December 29, 2023
Global condemnation
South Africa said Israel’s conduct, particularly since the start of the war on October 7, violates the UN Genocide Convention, and called for an expedited hearing. The motion also asks the court to indicate interim measures to “protect against further, serious and irreparable harm to the rights of the Palestinian people” under the Convention.
“South Africa is gravely concerned about the fate of civilians caught up in the current Israeli attacks on the Gaza Strip due to the indiscriminate use of force and forced displacement of residents,” the South African ministry said International Relations and Cooperation (DIRCO). , adding that the country has “repeatedly stated that it condemns all violence and attacks against all civilians, including Israelis.”
“South Africa has consistently called for an immediate and permanent ceasefire and resumption of talks that will end the violence resulting from the continued belligerent occupation of Palestine,” the statement added. .
Israel has rejected global calls for a ceasefire, saying the war will not stop until the Hamas group, whose Oct. 7 attack sparked the current phase of the conflict, is destroyed. Some 1,200 people were killed in the Hamas attack in Israel. The Palestinian group said its attack targeted Israel’s 16-year blockade of Gaza and the expansion of settlements in the occupied Palestinian territories. Settlement expansion poses the greatest obstacle to the realization of a future Palestinian state comprising Gaza, the occupied West Bank and East Jerusalem.
In the latest development in Israel’s war on Gaza, tens of thousands of newly displaced Palestinians in the center of the Palestinian enclave were forced on Friday to flee further south as Israel widened its ground and air offensive in the center of the ‘enclave.
Israel has faced global condemnation for increased damage and destruction and is accused of inflicting collective punishment on the Palestinian people.
“A very important step”
The legal request is the latest step by South Africa, a vocal critic of Israel’s war, to step up pressure after its lawmakers voted last month to close the Israeli embassy in Pretoria and the suspension of all diplomatic relations until a ceasefire is reached.
Tel Aviv Tribune’s Gabriel Elizondo at UN headquarters in New York said the move was “clearly a very important step in trying to hold Israel accountable.”
“Now that South Africa is bringing this issue to the ICJ, it will be on the (UN) agenda to try to make a decision on this very important issue,” he added.
On November 16, a group of 36 UN experts called on the international community to “prevent genocide against the Palestinian people,” calling Israel’s actions since October 7 a “genocide in the making.”
“We are deeply troubled by the failure of governments to respond to our call and achieve an immediate ceasefire. We are also deeply concerned by the support of some governments for Israel’s war strategy against the besieged population of Gaza, and by the failure of the international system to mobilize to prevent genocide,” the experts said in a statement. .
Israel rejects South Africa’s accusations
Israel rejected South Africa’s decision as “baseless”, calling it a “murderous smear”.
“South Africa’s assertions lack factual and legal basis and constitute a despicable and contemptuous exploitation of the Court,” Israeli Foreign Minister Lior Haiat said in a statement published on X.
“Israel has made it clear that the residents of the Gaza Strip are not enemies and is making every effort to limit harm to those not involved and to allow humanitarian aid to enter the Gaza Strip” , adds the press release.
“It rallies public opinion to the reality of what is happening in Palestine, not just in Gaza but also in the West Bank,” said Marwan Bishara, Tel Aviv Tribune’s senior political analyst.
According to Article 2 of the Genocide Convention, genocide involves acts committed with “the intent to destroy, in whole or in part, a national, ethnic, racial or religious group.”
“Where the disagreement lies is whether there is intent or no intent,” Bishara said.
“All three top Israeli officials have declared their intention, starting with Israeli President Herzog when he said there were “no innocents” in Gaza, to the defense minister who said Israel would impose collective punishment on Gaza residents because they are “human animals.” Bishara said, adding that Prime Minister Netanyahu also used a biblical analogy in a statement widely interpreted as a call for genocide.
The Palestinian Foreign Ministry welcomed South Africa’s decision and called on the ICJ to take immediate action to “prevent further damage to the Palestinian people.”
“Israel’s stated policy, acts and omissions are genocidal in nature and are committed with the specific intent required to destroy the Palestinian people under its colonial occupation and apartheid regime, in violation of its obligations under the Genocide Convention,” the ministry said in a statement. .
“The State of Palestine calls on the international community and the contracting parties to the Convention to respect their obligations and support the Court in the proceedings. »