South Africa sues Israel in the International Court of Justice for genocide charges
Cape Town requests the court to issue interim or short-term measures ordering Israel to halt its military campaign in Gaza
On Friday, South Africa asked the International Court of Justice to issue an urgent order declaring that Israel is violating its obligations under the 1948 Genocide Convention in its ongoing campaign against the Palestinian Islamic Resistance Movement, Hamas, in the Gaza Strip.
The International Court of Justice, a United Nations-affiliated court, is responsible for resolving disputes between countries. In response, the Israeli Ministry of Foreign Affairs stated that the case “has no basis.”
In the lawsuit, South Africa accused Israel of violating its obligations under the convention formulated in the aftermath of the Nazi Holocaust, which criminalizes attempts to wholly or partially eliminate any people.
South Africa requested the court to issue interim or short-term measures ordering Israel to stop its military campaign in Gaza, stating that these measures are “necessary in this case to protect against any further serious and irreparable harm to the rights of the Palestinian people.” No date has been set for a hearing. Although the International Court of Justice, based in The Hague, is considered the highest court in the United Nations, its judgments are sometimes ignored.
In March 2022, the court ordered Russia to immediately stop its military campaign in Ukraine. The war erupted on October 7th when Hamas launched a cross-border attack on Israel, claiming the attack resulted in 1,200 deaths and the capture of 240 hostages.
Israel responded by attacking the Gaza Strip controlled by Hamas, resulting in the deaths of over 21,000 people, according to Palestinian health officials. In its initial response to South Africa’s lawsuit, the Israeli Ministry of Foreign Affairs blamed Hamas for the suffering of Palestinians in Gaza, accusing them of using human shields and stealing humanitarian aid. These are accusations that Hamas denies.
The ministry stated, “Israel clarified that the residents of the Gaza Strip are not the enemy, and it is making every effort to minimize damage to non-participants (in the war) and to allow humanitarian aid to enter the Gaza Strip.”
Palestinians welcomed South Africa’s lawsuit, and the Palestinian Ministry of Foreign Affairs issued a statement calling on the International Court of Justice to quickly respond to South Africa’s request for interim measures to prevent the commission of genocide by issuing a resolution to stop the aggression and shooting. It also urged complicit countries to cease their involvement in the crime against its people and called on all countries to immediately halt the ceasefire.
