South Africa’s genocide case against Israel is set to be heard at the International Court of Justice (ICJ).
Justice Minister Ronald Lamola is leading the South African legal team, now at The Hague, Netherlands, to present the country’s case against Israel at the International Court of Justice (ICJ) .
This will mark the first formal response by Israel before an independent and impartial court to allegations of atrocities against Palestinians.
The case, filed at the end of December, accuses Israel of committing genocide in its war on Gaza, prompting global attention and a divided response from the international community.
South Africa’s legal team arrives in the Netherlands
Justice Minister Ronald Lamola leads South Africa’s legal team in this high-profile case. SABC News reported that the team arrived in The Hague to present a genocide case against Israel at the International Court of Justice (ICJ). The lawsuit alleges Israel’s actions in Gaza amount to genocide. Lamola expressed confidence in the case, citing strong evidence.
What is South Africa arguing in ICJ case against Israel?
In short, the legal team’s application against Israel asserts that the state has satisfied four of five acts that would qualify as genocide according to the Genocide Convention :
- Killing members of the group
- Causing serious bodily or mental harm
- Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part
- Imposing measures intended to prevent births within the group
- Forcibly transferring children of the group to another group.
South Africa and Israel face off in historical ICJ case
Though South Africa and Israel both signatories to the 1948 Genocide Convention. It is clear that violations have been made and as such, have been brought the dispute to the highest UN legal body. In 84 pages, South Africa argues that Israel has violated the convention as Hamas claims Israel has killed over 25,000 Palestinians. People are eager as the ICJ takes jurisdiction over disputes related to the treaty.
Arab countries and 50 more support ICJ case against Israel
The Organisation of Islamic Countries (OIC) A bloc of 57 member countries, including Saudi Arabia, Iran, Pakistan, and Morocco, voiced their support for the case on 30 December 2023. The Malaysian Ministry of Foreign Affairs welcomed the application on 2 January 2023, emphasising a call for an independent Palestinian state based on pre-1967 borders.
Turkish Ministry of Foreign Affairs spokesperson Oncu Keceli welcomed South Africa’s move on 3 January 2024. Foreign Minister Ayman Safadi announced on January 4 that Amman would back South Africa in the ICJ case. Bolivia became the first Latin American country to support the ICJ case against Israel, describing South Africa’s move as historic. In addition, Al Jazeera reported that the Maldives, Namibia, and Pakistan have also expressed support during a UN General Assembly session on Tuesday.
Human rights groups in support of South Africa’s case
In addition to countries, numerous advocacy and civil society groups worldwide have joined South Africa’s call. This includes Terreiro Pindorama in Brazil, Asociacion Nacional de Amistad Italia-Cuba in Italy, and Collectif Judeo Arabe et Citoyen pour la Palestine in France.
United States counters SA’s ICJ case
The United States’ controversial support of Israel is both concerning and unnerving. The superpower has chosen a vague and complicated path in a clear-cut case that involves excess force and unnecessary action. One would think that the numbers alone would be enough to convince anyone with civilians taking the full brunt of this war.
Notable opposition to the ICJ case comes from National Security spokesperson John Kirby, who dismissed South Africa’s submission as “meritless, counterproductive, and completely without any basis.” Israeli President Isaac Herzog also condemned the lawsuit, thanking the U.S. for its support.