Israel is standing before the International Court of Justice
Israel has to confront accusations of genocide
Recently, the United Nations’ top court has been asked to consider an unprecedented case. South Africa has accused Israel of genocide, claiming that the country’s leadership is acting with the intention of “destroying the Palestinians in Gaza.”
As a response to the 7 October Hamas attack, South Africa refers to the Israeli use of blanket bombing, as well as to the cutting of food, water, and medicine supplies to the West Bank. The case states that “the acts are all attributable to Israel, which has failed to prevent genocide and is committing genocide in manifest violation of the Genocide Convention.”
The Genocide Convention was the first human rights treaty adopted by the General Assembly of the United Nations on 9 December 1948. It was an instrument of international law that codified the crime of genocide for the first time. Indeed, after the Second World War, the international community declared its commitment to “never again” after the atrocities perpetrated by the Nazi regime.
Most importantly, the Convention established the obligation for State Parties to prevent and punish the genocide crime. This duty is part of international customary law, which means that it is binding on all States, even if they have not ratified the Convention.
The case against Israel
The International Court of Justice is the United Nations’ top court. It was established after the World War Two and it is based in the Hague, in the Netherlands. Its role is to settle disputes between states and give advisory opinions on legal matters.
In these days, South Africa is accusing Israel of committing genocide against the Palestinians as a response to the Hamas’ 7 October attack. On that occasion, hundreds of Hamas servicemen crossed into Southern Israel. They killed about 1,300 people, mainly civilians, and took about 240 hostages back to the Gaza Strip.
From that moment on, the counterattack of Israel has caused massive devastations. Three months of bombardment have destroyed large areas of the coastal enclave and have caused the death of more than 23,000 people. Moreover, 2.3 million Palestinians have been forced to flee from their homes, while Israel blockade has sharply restricted supplies of food, fuel, and medicine for many weeks. According to the United Nations, these events have brought about a situation of humanitarian catastrophe.
“Israel has a genocidal intent against the Palestinians in Gaza” is what Tambeka Ngcukaitobi, advocate of the High Court of South Africa, declared before the International Court of Justice in the Hague. He claimed that “the intent to destroy Gaza has been nurtured at the highest level of the State.”
Israeli response
As predicted, Israel has fiercely rejected South Africa’s claim. Indeed, Israeli Prime Minister Benjamin Netanyahu has emphatically answered that the “hypocrisy of South Africa screams to the heavens.” He also claimed that Israel is “fighting terrorists and lies,” explaining that “today we see an upside-down world. Israel is accused of genocide while it is fighting against genocide.”
In support of these declarations, Israel’s foreign ministry also accused South Africa of “functioning as the legal arm of the Hamas terrorist organization.” In this sense, the country is bringing a case built on “false and baseless claims.”
“There is nothing more atrocious and preposterous than this claim,” President Isaac Herzog of Israel finally said last Tuesday. He explained that “the Hamas, in their charter, call for the destruction and annihilation of the state of Israel, the only nation state of the Jewish people.”
In the Hague, the initial hearings in the Israel case are taking place in these hours. However, in December, the U.N. General Assembly already passed a nonbinding resolution calling for a cease-fire. It was put forward by the Arab Group and the Organization of Islamic Cooperation. At the same time, the Security Council passed a binding resolution calling for the delivery of more humanitarian aid. The latter was also promoted by Arab countries sustaining the Palestinian cause.
South Africa’s involvement
South Africa has long empathized with the Palestinian people. They compare life in the Gaza Strip and the occupation of the West Bank with the oppression suffered under Apartheid. The same Nelson Mandela highlighted this connection in a 1997 speech, claiming that South Africans’ freedom was “incomplete without the freedom of the Palestinians”.
Ronald Lamola, the coutry’s justice minister who will lead the South African delegation before the International Court of Justice, recently reaffirmed which sentiment is driving the case. “We do believe that it is important for a State like South Africa that has experience apartheid discrimination to stand firm with the people of Palestine,” he declared in an interview.
Briefly, South Africa has asked the court for a preliminary order to force Israel to immediately stop fighting. In the coming months, the court will hear the full merits of the case. Indeed, the International Court of Justice could rule quickly on South Africa’ s request to suspend Israel’s military campaign, but the final ruling on whether Israel is committing genocide or not could take several years. Nevertheless, ICJ rulings are theoretically legally binding, but unenforceable in practice.
Sources I was inspired by to write this article:
- ICJ case against Israel could finally empower the genocide convention, published by The Guardian
- What is South Africa’s genocide case against Israel at the ICJ?, published by BBC
- Netanyahu condemns ICJ genocide case, published by Reuters
- At World Court, Israel to Confront Accusations of Genocide, published by The New York Times
- Ratification of the Genocide Convention, definition published by the United Nations
I am an Italian student who tries every day to improve her English. I really like writing and studying in this language, also to be able to reach more people. However, I still often run into mistakes. Thus, if reading my article you have found some, do not hesitate to contact me, either through a comment or a private note!
