South Africa has filed a case against Israel at the International Court of Justice (ICJ), accusing it of committing genocide in its ongoing war against Hamas in Gaza. The unprecedented move has sparked mixed reactions from the international community, as the death toll in the conflict continues to rise.
South Africa’s application, submitted on Friday, alleges that Israel is violating its obligations under the 1948 Genocide Convention, which makes it a crime to attempt to destroy a people in whole or in part. It asks the court to issue provisional measures, ordering Israel to stop its military campaign in Gaza, which it says are “necessary in this case to protect against further, severe and irreparable harm to the rights of the Palestinian people.”
The ICJ, also known as the World Court, is the United Nations’ highest judicial organ and settles disputes between states. However, its rulings are not binding and are often ignored by parties. In March 2022, the court ordered Russia to halt its military intervention in Ukraine, but Moscow dismissed the decision as “politically motivated.”
Israel has also rejected South Africa’s suit as “baseless” and accused it of cooperating with Hamas, the Islamist group that controls Gaza and is considered a terrorist organization by Israel, the United States, and the European Union. Israel’s foreign ministry said in a statement that Hamas was responsible for the suffering of Palestinians in Gaza by using them as human shields and stealing humanitarian aid from them, charges that Hamas denies.
Israel launched its assault on Gaza on Oct. 7, after Hamas killed 1,200 people in a cross-border raid and took 240 hostages, according to Israel. Since then, more than 21,000 Palestinians have been killed and over 100,000 injured, according to Gaza health officials. Israel says it has killed more than 3,000 militants and destroyed hundreds of rocket launchers, tunnels, and command centers.
The war has also sparked protests and violence in Israel and the occupied West Bank, where Palestinians have clashed with Israeli forces and settlers. More than 300 Palestinians and 12 Israelis have been killed in the unrest, according to official sources.
The international community has called for an immediate ceasefire and a political solution to the conflict, but efforts to broker a truce have failed so far. The United Nations Security Council has been unable to agree on a resolution, due to the veto power of the United States, Israel’s main ally.
South Africa, which has a history of supporting the Palestinian cause and comparing it to its struggle against apartheid, has been one of the most vocal critics of Israel’s war. Last month, its parliament voted to close down the Israeli embassy in Pretoria and suspend diplomatic relations. It also joined other countries that referred Israeli Prime Minister Benjamin Netanyahu to the International Criminal Court (ICC) for alleged war crimes in Gaza.
The ICC, a separate and independent court from the ICJ, is also investigating possible atrocities in Gaza and the West Bank, but has not named any suspects. Israel is not a member of the ICC and does not recognize its jurisdiction.
South Africa’s case at the ICJ is likely to face legal and political challenges, as it will need to prove that Israel’s actions amount to genocide, a term that is narrowly defined and rarely applied by the court. It will also need to show that the court has jurisdiction over the matter, which Israel may contest.
Despite the difficulties, some experts say that South Africa’s move could have a symbolic and moral impact, by drawing attention to the plight of Palestinians and putting pressure on Israel to end the war. Others argue that it could further polarize the situation and undermine the prospects of dialogue and peace.
As the world awaits the court’s response, the people of Gaza and Israel continue to live in fear and uncertainty, hoping for an end to the bloodshed and a lasting solution to the conflict. Some voices of hope and reconciliation have emerged from both sides, calling for coexistence and mutual respect, but they remain a minority in the face of hatred and violence.
Source: Reuters
