UN court hears South Africa genocide case against Israel
South Africa has accused Israel of perpetrating genocide against the Palestinians in Gaza, and the International Court of Justice is currently hearing their case.
Additional requests for the court to halt Israeli military actions in the region are included in the filing.
Although the case is not a criminal trial, the ICJ will only issue an opinion on the genocide accusation; yet, it is receiving considerable attention.
The Israeli government has labeled the charge as "baseless" and has strongly denied it.
As Dutch police battled to separate gatherings of Israeli and Palestinian supporters, tense scenes unfolded outside the ICJ's Peace Palace on Thursday.
Outside the ICJ, hundreds of Palestinian flag-waving protesters demanded an end to the violence. Protesters from Israel erected a screen depicting photos of captives who are still in Gaza's custody.
Cape Town, South Africa, was also the site of pro-Palestinian demonstrations.
On Thursday, South Africa will make its case, and on Friday, Israel will defend it.
According to South Africa's submission, Israel's activities "are intended to bring about the destruction of a substantial part of the Palestinian national, racial and ethnical group."
It alleges that Israel is "killing Palestinians in Gaza, causing them serious bodily and mental harm, and inflicting on them conditions of life calculated to bring about their physical destruction" .
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It demands that the court establish "provisional measures" immediately, one of which is that Israel cease all military operations in Gaza.
Speaking in court on Thursday, South Africa's Justice Minister Ronald Lamola stated that no attack "can provide justification for or defend breaches of the [Genocide] Convention." Israel has rationalized its actions in Gaza by claiming they are a response to Hamas's heinous attacks on 7 October.
The 1948 Genocide Convention, which defines the term and binds states to taking action to avoid it, was signed by Israel.
Based in the Dutch city of The Hague, the ICJ serves as the highest court of the United Nations. Israel and South Africa are among the parties that the ICJ has ruled upon; nevertheless, its findings are not legally binding and cannot be enforced.
The court's 2022 ruling for Russia to "immediately suspend military operations" in Ukraine was disregarded.
A crime committed with the purpose to wipe out an entire national, ethnic, racial, or religious group is considered genocide under international law.
The ICJ edifice, also known as the Peace Palace, has had its perimeter cordoned off in an effort to tame the mayhem outside.
This stands in stark contrast to the seriousness of the courtroom proceedings, where members of the Israeli delegation are hearing allegations of genocide in Gaza leveled by South African attorneys.
Israel will have the opportunity to respond on Friday to this, and they deny it. During their visit, the Israeli delegation is anticipated to emphasize the country's legal right to self-defense. Israeli Prime Minister Benjamin Netanyahu stated this week that Israel has no plans to permanently occupy or force the Gazan people out of their homes.
While the ICJ lacks the authority to bring individuals to justice for crimes like genocide, its rulings are nonetheless respected by the United Nations and other global organizations.
On Wednesday, President Cyril Ramaphosa of South Africa stated, "Our opposition to the ongoing slaughter of the people of Gaza has driven us as a country to approach the ICJ."
The notions were deemed "atrocious and preposterous" by Israeli President Isaac Herzog.
"We will be in the International Court of Justice and we will present proudly our case of using self-defence… under humanitarian law," according to him.
He stated that the army of Israel was "doing its utmost under extremely complicated circumstances on the ground to make sure that there will be no unintended consequences and no civilian casualties" .
This case is "an affront to the basic concept of morality and reasonableness," according to Caroline Glick, who was an advisor to Israeli Prime Minister Benjamin Netanyahu.
While the accusation of genocide against Israel is "strong," it "is not one that is unfounded," according to Zane Dangor, director general of South Africa's department of foreign relations and cooperation, who spoke on BBC's Africa Daily program. "Very meticulous" was how he put South Africa's argument.
Nothing "could justify the level of killings" happening in Gaza, he claimed, while denouncing the 7 October attacks by Hamas.
South Africa has asked the International Court of Justice (ICJ) to order Israel to halt its military assault; however, determining whether or not Israel is guilty of genocide may take years.
With a long history of support for the Palestinian cause, the ruling African National Congress party in South Africa has been extremely critical of Israel's military action in Gaza.
It draws comparisons to its fight against apartheid, the racist regime that ruled South Africa from its white minority until the country's first democratic elections in 1994.
The health ministry administered by Hamas reports that since the war broke out following Hamas's attacks on southern Israel on October 7, more than 23,350 individuals, primarily children and women, have died in Gaza. Approximately 240 individuals were held hostage and 1,300 people, most of them civilians, were slain in those attacks.