South Africa Hauls Israel in Front of UN Court

Accuses Israel of genocide against Palestinians in Gaza
By Newser Editors and Wire Services
Posted Dec 30, 2023 8:29 AM CST
In UN Court, Israel Accused of Genocide
The Peace Palace which houses World Court in The Hague, Netherlands, on Sept. 19, 2023. South Africa has launched a case at the United Nations’ top court accusing Israel of genocide against Palestinians in Gaza and asking the court to order Israel to halt its attacks.   (AP Photo/Peter Dejong)

South Africa launched a case Friday at the United Nations' top court accusing Israel of genocide against Palestinians in Gaza and asking the court to order Israel to halt its attacks—the first such challenge made at the court over the current war. Israel swiftly rejected the filing "with disgust," calling it a "blood libel." South Africa's submission to the International Court of Justice alleges that "acts and omissions by Israel ... are genocidal in character" as they are committed with the intent "to destroy Palestinians in Gaza" as a part of the broader Palestinian national, racial and ethnic group. South Africa has been a fierce critic of Israel's military campaign in Gaza. Many there, including President Cyril Ramaphosa, have compared Israel's policies regarding Palestinians in Gaza and the West Bank with South Africa's past apartheid regime of racial segregation. Israel rejects such allegations.

South Africa asked The Hague-based court to issue an interim order for Israel to immediately suspend its military operations in Gaza. A hearing into that request is likely in the coming days or weeks, reports the AP. The case, if it goes ahead, will take years, but an interim order could be issued within weeks. A Foreign Ministry statement said South Africa's case lacks a legal foundation and constitutes a "despicable and contemptuous exploitation" of the court. Israel also accused South Africa of cooperating with Hamas. The statement also said Israel operates according to international law and focuses its military actions solely against Hamas, adding that the residents of Gaza are not an enemy.

South Africa can bring the case under the Genocide Convention because both it and Israel are signatories to it. Whether the case will succeed in halting the war remains to be seen. While the court's orders are legally binding, they are not always followed. In March 2022, the court ordered Russia to halt hostilities in Ukraine, a binding legal ruling that Moscow flouted. South Africa's foreign ministry said in a statement that the country is "gravely concerned with the plight of civilians caught in the present Israeli attacks on the Gaza Strip due to the indiscriminate use of force and forcible removal of inhabitants."

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The ministry added that there are "ongoing reports of international crimes, such as crimes against humanity and war crimes, being committed as well as reports that acts meeting the threshold of genocide or related crimes as defined in the 1948 Convention on the Prevention and Punishment of Genocide, have been and may still be committed in the context of the ongoing massacres in Gaza." South Africa's president earlier accused Israel of war crimes and acts "tantamount to genocide." And South Africa last month pushed for the International Criminal Court, which also is based in The Hague, to investigate Israel's actions in Gaza. The ICC prosecutes individuals for war crimes, crimes against humanity and genocide, while the International Court of Justice settles disputes between nations.

(More Israel-Hamas war stories.)

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