Back Suid-Afrika teen Israel (Volksmoordkonvensie) Afrikaans دعوى جنوب إفريقيا على إسرائيل Arabic Sud-àfrica contra Israel (Convenció sobre el genocidi) Catalan Südafrika gegen Israel (Völkermordkonvention) German Sudafriko kontraŭ Israelo (Konvencio pri Genocido) Esperanto Sudáfrica contra Israel (Convención sobre Genocidio) Spanish آفریقای جنوبی در برابر اسرائیل Persian Afrique du Sud c. Israël (convention contre le génocide) French An Afraic Theas v. Iosrael (Coinbhinsiún um Chinedhíothú) Irish Suráfrica contra Israel (Convención sobre Xenocidio) Galician

South Africa's genocide case against Israel

Republic of South Africa v. State of Israel
CourtInternational Court of Justice
Full case nameApplication of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel)
Started29 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
ClaimIsrael has committed, and is committing, genocidal acts and genocide against Palestinians in the Gaza Strip in violation of the Genocide Convention
Court membership
President
Associate judges
Keywords

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 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] On 26 February, Human Rights Watch asserted that Israel had failed to comply with the ICJ's provisional measures and "continued to obstruct the provision of basic services and the entry and distribution within Gaza of fuel and lifesaving aid", which it said amounted to war crimes.[21] On the same day, Amnesty International said Israel was "defying" the ICJ ruling.[22]

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.[23][24] On 24 May, the court ordered an immediate halt to Israel's offensive in Rafah.

  1. ^ Powell, Anita (5 January 2024). "South Africa to Take Israel to Top UN Court on Genocide Claim in Gaza". Voice of America. Archived from the original on 6 January 2024. Retrieved 6 January 2024. In the court application, South Africa argues that the treatment of Palestinians also bears strong resemblance to South Africa's own racially motivated apartheid regime, which ended in 1994 with Mandela's election. "It is important," the submission reads, "to place the acts of genocide in the broader context of Israel's conduct towards Palestinians during its 75-year-long apartheid, its 56-year-long belligerent occupation of Palestinian territory and its 16-year-long blockade of Gaza, including the serious and ongoing violations of international law associated therewith, including grave breaches of the Fourth Geneva Convention, and other war crimes and crimes against humanity."
  2. ^ The request for provisional measures is made under Article 74 of the Rules of the Court Archived 6 January 2024 at the Wayback Machine, which states that "A request for the indication of provisional measures shall have priority over all other cases."
  3. ^ Cite error: The named reference ICJ_SA_proceedings_vs_IL_29Dec2023 was invoked but never defined (see the help page).
  4. ^ Cite error: The named reference Kgosana 2024 x418 was invoked but never defined (see the help page).
  5. ^ Human Rights Watch 2024.
  6. ^ Masweneng, Kgaugelo (5 January 2024). "Dikgang Moseneke to join bench of judges in Israel-Hamas world court case". TimesLIVE. Archived from the original on 14 January 2024. Retrieved 15 January 2024.
  7. ^ Cite error: The named reference X-Haiat-11Jan was invoked but never defined (see the help page).
  8. ^ "Israel: South African genocide claims at ICJ are baseless". The Jerusalem Post. 11 January 2024. Archived from the original on 21 January 2024. Retrieved 22 January 2024.
  9. ^ Eichner, Itamar (4 January 2024). "Professor Malcolm Shaw to represent Israel in the Hague". Ynetnews. Archived from the original on 7 January 2024. Retrieved 7 January 2024.
  10. ^ a b Eichner, Itamar (7 January 2024). "Former Supreme Court Chief Justice Aharon Barak to represent Israel in The Hague". Ynetnews. Archived from the original on 8 January 2024. Retrieved 7 January 2024.
  11. ^ Kershner, Isabel (8 January 2024). "Israel Picks Holocaust Survivor Judge for Genocide Case, Surprising Some". The New York Times. ISSN 0362-4331. Archived from the original on 13 January 2024. Retrieved 15 January 2024.
  12. ^ "12 January press release: Conclusion of the public hearings held on Thursday 11 and Friday 12 January 2024" (PDF). International Court of Justice. 12 January 2023. Archived (PDF) from the original on 12 January 2024. Retrieved 13 January 2024.
  13. ^ a b "Gaza war: ICJ says Israel must prevent genocidal acts in Gaza". BBC News. Archived from the original on 26 January 2024. Retrieved 26 January 2024.
  14. ^ "Israel-Hamas War: Update from Patrick Kingsley". The New York Times. 26 January 2024. Archived from the original on 26 January 2024. Retrieved 26 January 2024.
  15. ^ "Order respecting South Africa's request for provisional measures" (PDF). International Court of Justice. 26 January 2024.
  16. ^ Rajvanshi, Astha (26 January 2024). "U.N. Court Says Israel Must Prevent Genocidal Acts in Gaza, But Doesn't Order a Ceasefire". TIME. Archived from the original on 26 January 2024. Retrieved 26 January 2024.
  17. ^ "Israel-Hamas war: ICJ stops short of ordering cease-fire, tells Israel to prevent acts of genocide in Gaza". NBC News. 27 January 2024. Archived from the original on 27 January 2024. Retrieved 27 January 2024.
  18. ^ "World Court stops short of Gaza ceasefire order for Israel". Reuters. 27 January 2024. Retrieved 27 January 2024.
  19. ^ AlLawati, Nadeen Ebrahim, Abbas (26 January 2024). "Why both South Africa and Israel are welcoming the UN court's ruling in a landmark genocide case". CNN. Archived from the original on 27 January 2024. Retrieved 27 January 2024.{{cite web}}: CS1 maint: multiple names: authors list (link)
  20. ^ "Israel reined in by ICJ rulings on Gaza - but will it obey?". 26 January 2024. Archived from the original on 26 January 2024. Retrieved 26 January 2024 – via www.bbc.com.
  21. ^ Cite error: The named reference HRW111 was invoked but never defined (see the help page).
  22. ^ "Israel defying ICJ ruling to prevent genocide by failing to allow aid into Gaza". Amnesty International. 26 February 2024. Retrieved 25 May 2024.
  23. ^ "ICJ orders Israel to stop preventing 'delivery of urgently needed' aid". Al Jazeera. Archived from the original on 2 April 2024. Retrieved 2 April 2024.
  24. ^ "World court orders Israel to take action to address Gaza famine". Reuters. 28 March 2024.

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