South Africa's genocide case against Israel
2023-2024 case at the International Court of Justice / From Wikipedia, the free encyclopedia
South Africa's genocide case against Israel was brought before the International Court of Justice (ICJ) on 29 December 2023 by South Africa regarding Israel's conduct in the Gaza Strip as part of the Israel–Hamas war. The case is officially known as Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel).
South Africa's genocide case against Israel | |
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Court | International Court of Justice |
Full case name | Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel) |
Started | 29 December 2023 |
Transcript(s) | Transcript of South Africa's submissions regarding provisional measures
Transcript of Israel's submissions regarding provisional measures Transcript of the court's judgement regarding provisional measures |
Claim | Israel has committed, and is committing, genocidal acts and genocide against Palestinians in the Gaza Strip in violation of the Genocide Convention |
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South Africa alleged that Israel had committed and was committing genocide against Palestinians in the Gaza Strip, contravening the Genocide Convention, including what South Africa described as Israel's 75-year apartheid, 56-year occupation, and 16-year blockade of the Strip.[1] South Africa requested that the ICJ indicate provisional measures including the immediate suspension of its military operations in and against Gaza.[2][3] The South African legal team includes John Dugard, Adila Hassim, Tembeka Ngcukaitobi, Blinne Ní Ghrálaigh and Vaughan Lowe.[4] It appointed Dikgang Moseneke as ad hoc judge.[5][6]
Israel's Foreign Ministry characterized South Africa's charges as "baseless", describing the country as "functioning as the legal arm" of Hamas.[7][8] Israel said that it was conducting a war of self-defense in accordance with international law following the Hamas-led attack on its territory on 7 October 2023. Israel is represented by several lawyers including Malcolm Shaw and Tal Becker.[9][10] It appointed Aharon Barak as ad hoc judge.[10][11]
Two days of public hearings were held on 11 and 12 January 2024 at the Peace Palace in The Hague, regarding South Africa's request for provisional measures of protection.[12] The Court issued an Order in relation to the provisional measures request on 26 January 2024, in which it ordered Israel to take all measures to prevent any acts that could be considered genocidal according to the 1948 Genocide Convention.[13][14][15] The court said that at least some of the acts alleged by South Africa appear to fall under the provisions of the Genocide Convention.[16] The Court did not order Israel to suspend its military campaign in the Gaza Strip, which South Africa had requested.[17][18] Both South African and Israeli officials welcomed the decision, with each considering it a victory.[19] The court also expressed "grave concern" about the fate of the hostages held in the Gaza Strip[13] and recognized the catastrophic situation in Gaza "at serious risk of deteriorating further" prior to a final verdict.[20]
Human Rights Watch stated that Israel had failed to comply with the ICJ's provisional measures.[21] On 28 March 2024, following a second request for additional measures, the ICJ ordered new emergency measures, given the deterioration in the situation since the initial ruling: ordering Israel to ensure basic food supplies, without delay, as Gazans face famine and starvation.[22][23]