South Africa invoked the genocide convention.
South Africa launches case at top UN court accusing Israel of genocide in Gaza
THE HAGUE, Netherlands (AP) — South Africa launched a case Friday 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 “with disgust.”
South Africa’s submission to the International Court of Justice alleges that “acts and omissions by Israel … are genocidal in character” as they are committed with the intent “to destroy Palestinians in Gaza” as a part of the broader Palestinian national, racial and ethnic group.
South Africa has been a fierce critic of Israel’s military campaign in Gaza. Many there, including President Cyril Ramaphosa, have compared Israel’s policies regarding Palestinians in Gaza and the West Bank with South Africa’s past apartheid regime of racial segregation.
South Africa asked The Hague-based court to issue an interim order for Israel to immediately suspend its military operations in Gaza. A hearing into that request is likely in the coming days or weeks. The case, if it goes ahead, will take years, but an interim order could be issued within weeks.
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South Africa can bring the case under the Genocide Convention because both it and Israel are signatories to it.
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.
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The ICC prosecutes individuals for war crimes, crimes against humanity and genocide, while the International Court of Justice settles disputes between nations.
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 scrutinize 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.”