UPDATED: International Court of Justice Hears South Africa’s Genocide Case Against Israel

January 12, 2024
Israeli-Palestinian conflict.
Israeli-Palestinian conflict.

The International Court of Justice (ICJ) commenced hearings on Thursday in the high-profile genocide case filed by South Africa against Israel. The case represents a significant international challenge to Israel’s actions in the Gaza Strip, marking a crucial moment in the ongoing conflict.

Proving allegations of genocide under international humanitarian law is a formidable task. South Africa’s case seeks to demonstrate that Israel is engaged in genocidal acts or failing to prevent and prosecute incitement to genocide. However, it should be noted that ICJ decisions do not guarantee easy enforcement. These initial arguments focus on whether the ICJ will issue a preliminary order for Israel to cease its onslaught in Gaza immediately. The court is expected to deliver its ruling after considering the arguments presented by both South Africa and Israel on Thursday and Friday. While Israel could potentially ignore such a ruling, it may strain its relations with allies who may be less inclined to support the ongoing war.

Juliette McIntyre, a lecturer in law at the University of Southern Australia, expressed that this case provides other nations with a basis for pressuring Israel to halt its campaign. She emphasized the importance of creating an objective historical record in a situation where political tensions are pervasive.

South Africa’s 84-page application asserts that Israel’s actions are genocidal in nature as they aim to destroy a significant portion of the Palestinian national, racial, and ethnic group, which violates the 1948 Convention on the Prevention and Punishment of the Crime of Genocide.

Adila Hassim, one of the attorneys arguing South Africa’s case, addressed the court, stating, “Genocides are never declared in advance, but this court has the benefit of the past 13 weeks of evidence that shows incontrovertibly a pattern of conduct and related intention.”

Israel vehemently rejected the filing, describing it as a “blood libel,” a reference to a false accusation from the Middle Ages claiming that Jewish people would murder Christians and use their blood in rituals. The term was historically employed to justify the oppression of Jewish communities. On Friday, Israel will have the opportunity to respond to South Africa’s arguments. Notably, Holocaust survivor and former Chief Justice of Israel’s Supreme Court, Aharon Barak, has been appointed to sit on the judicial panel.

The ICJ hearings mark a critical juncture in the ongoing conflict between Israel and Palestine, with the potential to impact international perceptions and actions concerning the situation in Gaza. The court’s decision and subsequent developments will be closely monitored by the international community.

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