South Africa took a significant step forward on December 29th by initiating legal proceedings against Israel at the International Court of Justice (ICJ). The case centers on alleged violations of Israel’s obligations under the Convention on the Prevention and Punishment of the Crime of Genocide during its conflict with Gaza since October 7th.
The application accuses Israel of committing acts with genocidal intent, leading to the death of more than 22,000 Palestinians in less than three months.
Additionally, it claims that Israeli forces have destroyed over 70% of Gaza’s buildings and infrastructure. Shockingly, Israeli officials are said to have openly expressed plans to obliterate Gaza and relocate its 2.2 million population to neighboring Arab countries.
South Africa’s case argues that Israel’s actions, particularly in Gaza, are genocidal and intended to bring about the destruction of a substantial part of the Palestinian group in the Gaza Strip. The acts listed include killing Palestinians, causing them serious harm, and inflicting conditions of life calculated to bring about their physical destruction.
While Israel justifies its actions as a response to Hamas’ incursion into Israel, South Africa’s application indirectly challenges this rhetoric, asserting that Israel has failed to prevent genocide and is committing genocide in violation of the Genocide Convention.
The ICJ, based in The Hague, holds significant influence despite lacking enforcement powers. Its findings and advisory opinions can raise awareness and shape international pressure on conflicting parties. South Africa’s historical role in pressuring apartheid-era regimes adds weight to its surprise action against Israel.
Israel promptly rejected the accusations, labeling them a baseless “blood libel” and accusing South Africa of collaborating with Hamas. The Israeli Foreign Ministry dismissed the claims while expressing concern about potential ICJ charges of genocide.
There is growing apprehension within Israel that the court might issue an injunction calling for a ceasefire, leading to diplomatic isolation, boycotts, or sanctions against the country and its businesses.
South Africa’s application to the ICJ aims to bring attention to what it describes as a “continuum” of Israel’s actions against Palestinians since 1948, encompassing apartheid, belligerent occupation, and the blockade of Gaza.
Less than 48 hours after South Africa submitted its petition, Israel announced a partial withdrawal from Gaza. The ICJ’s response and the potential diplomatic consequences remain uncertain, but the case has already sparked intense international debate and scrutiny.
The Convention on the Prevention and Punishment of the Crime of Genocide, ratified by the UN General Assembly in 1948, provides the legal framework for this case. Article 2 defines genocide as acts committed with the intent to destroy, in whole or in part, a national, ethnic, racial, or religious group, while Article 5 mandates contracting parties to enact necessary legislation and provide effective penalties for persons guilty of genocide.
