On Friday, South Africa filed an application against Israel before the International Court of Justice (ICJ) for “genocide against the Palestinian people in Gaza”, accusations which were immediately dismissed “with disgust” by Benjamin Netanyahu’s government.
Pretoria also asked the UN’s main judicial body to take urgent measures to “protect the Palestinian people in Gaza”, in particular by enjoining Israel to “immediately cease all military attacks”.
“Israel rejects with disgust the defamation (…) propagated by South Africa and its recourse to the International Court of Justice”, Lior Haiat, spokesman for the Israeli Ministry of Foreign Affairs, immediately reacted on X.
South Africa, a fervent supporter of the Palestinian cause, is one of the countries most critical of the massive and deadly Israeli bombardment of the Gaza Strip, in retaliation for the bloody Hamas attacks on Israel on October 7. It considers that “Israel, particularly since October 7, 2023 (…) has engaged, is engaging and is likely to continue to engage in acts of genocide against the Palestinian people in Gaza”, according to the ICJ.
Pretoria asserts that Israel’s “acts and omissions are genocidal in character, as they are accompanied by the requisite specific intent (…) to destroy the Palestinians of Gaza as part of the larger national, racial and ethnic group of Palestinians”, stressed the Hague-based court. “These acts are all attributable to Israel, which has failed to prevent genocide and is committing genocide in clear violation of the Genocide Convention,” the text said.
The ICJ, which judges disputes between states, is expected to hold hearings in the coming weeks. But while its decisions are final, it has no means of enforcing them. It can also order emergency measures pending full resolution of cases, which can take many years.
South Africa specified in its application that it had turned to the court to “establish Israel’s responsibility for violations of the Genocide Convention”, but also to “ensure the fullest and most urgent protection possible for the Palestinians”.
The International Criminal Court (ICC), which is also based in The Hague and tries individuals, also received a request last month from South Africa, Bangladesh, Bolivia, Comoros and Djibouti to investigate the situation in the “State of Palestine”. The ICC has also opened investigations in 2021 into possible war crimes committed in the Palestinian Territories by both Israel and Hamas.
