South Africa launched a case at the United Nations’ top court accusing Israel of genocide against Palestinians in Gaza and asking the court to order Israel to halt its attacks — the first such challenge made at the court over the current war. Israel swiftly rejected the filing
Israel-Hamas war: South Africa launches case at top UN court accusing Israel of genocide
By Ike Corder
AP·
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The Peace Palace houses the World Court in The Hague, Netherlands. South Africa has launched a case at the United Nations’ top court accusing Israel of genocide against Palestinians in Gaza and asking the court to order Israel to halt its attacks. Photo / AP
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Israel also accused South Africa of co-operating with Hamas, the Palestinian militant group behind the deadly October 7 attack in southern Israel that triggered the ongoing war.
The statement also said Israel operates according to international law and focuses its military actions solely against Hamas, adding that the residents of Gaza are not an enemy. It asserted that it takes steps to minimise harm to civilians and to allow humanitarian aid to enter the territory.
South Africa can bring the case under the Genocide Convention because both it and Israel are signatories to the convention.
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Whether the case will succeed in halting the war remains to be seen. While the court’s orders are legally binding, they are not always followed. In March 2022, the court ordered Russia to halt hostilities in Ukraine, a binding legal ruling that Moscow flouted as it pressed ahead with its attacks.
South Africa’s foreign ministry said in a statement that the country is “gravely concerned with the plight of civilians caught in the present Israeli attacks on the Gaza Strip due to the indiscriminate use of force and forcible removal of inhabitants”.
The ministry added that there are “ongoing reports of international crimes, such as crimes against humanity and war crimes, being committed as well as reports that acts meeting the threshold of genocide or related crimes as defined in the 1948 Convention on the Prevention and Punishment of Genocide, have been and may still be committed in the context of the ongoing massacres in Gaza.”
South Africa’s president earlier accused Israel of war crimes and acts “tantamount to genocide”. And South Africa last month pushed for the International Criminal Court, which also is based in The Hague, to investigate Israel’s actions in Gaza.
The ICC prosecutes individuals for war crimes, crimes against humanity and genocide, while the International Court of Justice settles disputes between nations.
In the Israeli-occupied West Bank, the Palestinian Foreign Ministry welcomed South Africa’s accusations against Israel. In a statement on social media, it urged the court to “immediately take action to protect Palestinian people and call on Israel, the occupying power, to halt its onslaught against the Palestinian people”.
Balkees Jarrah, associate international justice director at Human Rights Watch, said South Africa’s case “provides an important opportunity for the International Court of Justice to scrutinise Israel’s actions in Gaza using the Genocide Convention of 1948”. She said South Africa is looking to the United Nations’ highest judicial body “to provide clear, definitive answers on the question of whether Israel is committing genocide against the Palestinian people”.
Jarrah stressed that the ICJ case “is not a criminal case against individual alleged perpetrators, and it does not involve the International Criminal Court (ICC), a separate body. But the ICJ case should also propel greater international support for impartial justice at the ICC and other credible venues.”
