ICJ hears South Africa genocide case against Israel: summary

Demonstrators protest as judges at the ICJ in the Hague hear a request for emergency measures to order Israel to stop its military actions in Gaza, in Amman
A demonstrator holds a sign during a protest as judges at The International Court of Justice (ICJ) in the Hague, hear a request for emergency measures to order Israel to stop its military actions in Gaza, in Amman Jordan January 11, 2024. REUTERS/Jehad Shelbak
Source: X07473

What we know

  • The International Court of Justice (ICJ) is currently reviewing a case brought by South Africa alleging that Israel is committing genocide against Palestinians in Gaza. The allegations stem from events following Hamas's attack on October 7, where hundreds of gunmen crossed into southern Israel, resulting in casualties and hostages.
  • South Africa contends that Israel's actions are genocidal, intending the destruction of a substantial part of the Palestinian group.
  • In response to accusations brought by South Africa at the International Court of Justice, Israel rejects the claims of state-led genocide in Gaza, asserting that its military operation is aimed at defending itself against Hamas and not targeting the Palestinian population.
  • Israel deems the accusations false and "grossly distorted," urging the ICJ to dismiss the case as groundless and reject South Africa's request to halt the offensive.
  • Israel strongly rejects South Africa's claim of committing genocide and asserts that it is Hamas, not Israel, that would engage in such actions. Prime Minister Netanyahu stated that the Israel Defense Forces (IDF) act with moral considerations, emphasising measures taken to minimize civilian casualties.
  • As part of its case at the International Court of Justice (ICJ), South Africa is seeking an order for Israel to "immediately suspend its military operations in and against Gaza." This request is a key component of South Africa's efforts to address the allegations of genocide against Palestinians in Gaza. The ICJ will consider the arguments and evidence presented by both parties before making any determinations.

What they said

South Africa has expressed strong opposition to Israeli military operations in Gaza, particularly in the context of the case it has brought to the International Court of Justice (ICJ). The country's allegations of genocide against Palestinians in Gaza underscore its condemnation of Israel's actions, contributing to the ongoing international debate and legal proceedings surrounding the conflict. South African President Cyril Ramaphosa explained that "our opposition to the ongoing slaughter of the people of Gaza has driven us as a country to approach the ICJ... As a people who once tasted the bitter fruits of dispossession, discrimination, racism, and state-sponsored violence, we are clear that we will stand on the right side of history," he is quoted by the BBC. Meanwhile, a spokesperson for the UK Prime Minister said Rishi Sunak believed South Africa's case was "completely unjustified and wrong." He thus states, "This legal action does not serve the court of peace. The UK government stands by Israel's clear right to defend itself within the framework of international law." An advocate of the High Court of South Africa, Adila Hassim, argued that "South Africa contends that Israel has transgressed Article Two of the (Genocide) Convention, committing acts that fall within the definition of genocide. The actions show a systematic pattern of conduct from which genocide can be inferred.” In a response to South Africa’s case, Israeli Prime Minister Benjamin Netanyahu is reported to have said, "Israel is accused of genocide while it is fighting against genocide... Israel is fighting murderous terrorists who carried out crimes against humanity: They slaughtered, they raped, they burned, they dismembered, they beheaded—children, women, the elderly, young men, and women.”

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