South Africa Initiates Legal Action Against Israel for Genocide at the United Nations’ Highest Court

South Africa has initiated legal proceedings at the United Nations’ highest court, the International Court of Justice (ICJ), accusing Israel of committing genocide in its military operations in Gaza. This high-profile case sets the stage for a significant legal showdown in the Great Hall of Justice.

The legal battle, expected to be lengthy, centers around the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, established following World War II and the Holocaust. The convention defines genocide as acts including killings committed with the intent to destroy, in whole or in part, a national, ethnical, racial, or religious group.

South Africa’s extensive 84-page submission to the ICJ asserts that Israel’s actions in Gaza are genocidal, aiming to destroy a substantial portion of the Palestinian population. The filing requests the court to officially recognize Israel’s breach of the Genocide Convention, to mandate an end to hostilities in Gaza that violate the convention, and to compel Israel to provide reparations and support reconstruction in Gaza. The document argues that Israel’s acts, including killings and infliction of severe mental and physical harm, fulfill the criteria of genocide. It also suggests that statements from Israeli officials indicate genocidal intent.

Given that both Israel and South Africa are signatories to the genocide convention, South Africa argues that the ICJ has jurisdiction over this dispute. Many in South Africa, including President Cyril Ramaphosa, have likened Israel’s policies in Gaza and the West Bank to South Africa’s former apartheid regime. Israel vehemently rejects these comparisons.

In response, Israel has firmly dismissed the genocide allegations, criticizing South Africa’s case as a baseless exploitation of the ICJ. Israeli government spokesperson Eylon Levy has accused South Africa of politically and legally shielding Hamas’s October 7 attack that triggered Israel’s military response. However, Israel has confirmed its intention to send a legal team to The Hague to counter these accusations.

Israeli Prime Minister Benjamin Netanyahu has committed to continuing the military campaign in Gaza until Hamas is subdued and hostages are released, a process he anticipates could take several more months.

As part of the legal proceedings, South Africa has requested the court to issue urgent interim orders for Israel to immediately halt its military actions in Gaza. Such provisional measures, while legally binding, have not always been adhered to in past cases.

The ICJ will soon convene public hearings, allowing both South African and Israeli lawyers to present their arguments. The judges, hailing from various countries, will take time to decide on preliminary measures before delving into the full case. Israel may challenge the court’s jurisdiction or attempt to dismiss the case before arguments begin. Other nations that are parties to the genocide convention might also contribute submissions.

In addition to this case, the ICJ is currently hearing other genocide-related cases, including those filed by Ukraine against Russia and Gambia against Myanmar.

The ICJ, established post-WWII, primarily addresses disputes between nations, while the International Criminal Court (ICC), also based in The Hague, focuses on holding individuals accountable for genocide, war crimes, and crimes against humanity. The ICC has been investigating the Israel-Palestinian conflict since the last war in Gaza but has not yet issued any arrest warrants. ICC prosecutor Karim Khan has stated that investigating possible crimes by Hamas militants and Israeli forces is a priority.

Previously, U.N. tribunals have conducted significant genocide trials, including the International Criminal Tribunal for the former Yugoslavia, which convicted Bosnian Serb leaders Radovan Karadzic and Gen. Ratko Mladic for their roles in the Srebrenica massacre, and the International Criminal Tribunal for Rwanda, which tried leaders involved in Rwanda’s 1994 genocide.