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 | Transcript of South Africa's submissions regarding provisional measures
Transcript of Israel's submissions regarding provisional measures The court's order 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 v. Israel[1] is an ongoing case that was brought before the International Court of Justice on 29 December 2023 by South Africa regarding Israel's conduct in the Gaza Strip during the Israel–Hamas war that resulted in a humanitarian crisis and mass killings.
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.[2] South Africa requested that the ICJ indicate provisional measures of protection, including the immediate suspension of Israel's operations.[3][4][5][6] Israel characterized South Africa's charges as "baseless", accusing the country of "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.[9]
Two days of public hearings were held on 11 and 12 January 2024 at the Peace Palace in The Hague.[10] The Court issued an Order, in which it ordered Israel to take all measures to prevent any acts contrary to the 1948 Genocide Convention,[11][12][13] but did not order Israel to suspend its military campaign.[14] The court also expressed concern about the fate of the hostages held in the Gaza Strip[15] and recognized the catastrophic situation in Gaza.[16] In late February, Human Rights Watch and Amnesty International asserted that Israel had failed to comply with the ICJ's provisional measures and that obstructing the entry and distribution of aid amounted to war crimes.[17][18]
On 28 March 2024, following a second request for additional measures, the ICJ ordered new emergency measures, ordering Israel to ensure basic food supplies, without delay, as Gazans face famine and starvation.[19][20] On 24 May, by 13 votes to two, the court ordered an immediate halt to Israel's offensive in Rafah. While there was a consensus among legal experts that the order requires Israel to halt its offensive immediately,[21] Israel has rejected this position and continued with its offensive operations.[22]
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."
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