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South Africa Files a Case Against Israel at The International Court of Justice
December 29, 2023, South Africa
files a case with The International Court of Justice (ICJ) accusing Israel of
'genocidal acts' in Gaza. The 84-page South African filing claims Israel "are
genocidal in character, as they are committed with the requisite specific intent
. . . to destroy Palestinians in Gaza as a part of the broader Palestinian
national, racial and ethnical group." The claim asks for legally binding rulings
to declare that Israel "has breached and continues to breach its obligations
under the Genocide Convention." It also requests the ICJ order Israel to cease
hostilities in Gaza. They are asking Israel to offer reparations to Gaza and
provide reconstruction of what it destroyed.
The Palestinian Ministry of Foreign Affairs agreed
with South Africa's claim, releasing a statement saying, "Israel's stated
policy, acts, and omissions are genocidal in character are committed with the
requisite specific intent to the destruction of the Palestinian people under its
colonial occupation and apartheid regime in violation of its obligations under
the Genocide Convention."
Israel has since rejected South Africa's claims of
genocide. In a statement posted on X, Lior Haiat, Israel's minister of foreign
affairs, said, "South Africa's claim lacks both a factual and a legal basis and
constitutes despicable and contemptuous exploitation of the Court... Israel has
made it clear that the residents of the Gaza Strip are not the enemy and is
making every effort to limit harm to the non-involved and to allow humanitarian
aid to enter the Gaza Strip."
Turkey, Malaysia, Jordan, Bolivia, The Maldives, Namibia, Pakistan, Venezuela, Colombia and Brazil. Also, the Organization of Islamic Cooperation (OIC) and the Arab League have officially declared their support for the case.
Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel): Latest Developments Page (International Court of Justice Official)
The Republic of South Africa institutes proceedings against the State of Israel (International Court of Justice, 12-29-23)
South Africa files case at ICJ accusing Israel of ‘genocidal acts’ in Gaza (Al Jaeera, 12-29-23)
South Africa’s genocide case against Israel sets up a high-stakes legal battle at the UN’s top court (AP News, 1-2-24)
South Africa Files Case Against Israel at International Court of Justice over “Genocidal” War on Gaza (Democracy Now!, 1-2-24)
Global Groups Back South Africa's Genocide Case as ICJ Prepares for Hearing (Common Dreams, 1-8-24)
Which countries back South Africa’s genocide case against Israel at ICJ (Al Jazeera, 1-29-24)
An 'Organizational Sign-on Letter Calling on States to Support South Africa's Genocide Convention Case Against Israel at the ICJ' was launched; the open letter sign-on created by a coalition of independent groups is collecting signatures from organizations for presentation to the International Court of Justice (ICJ) in support of South Africa's recent genocide case against Israel. There are currently 1,200+ groups on the letter who stand to condemn the recent actions of Israel.
Organizational Sign-on Letter Calling on States to Support South Africa's Genocide Convention Case Against Israel at the ICJ (Official Google Document)
Trying individuals for genocide, war crimes, crimes against humanity, and aggression (International Criminal Court)
Call Congress On Palestine (Justice For All)
Organizations Globally Sign On To Letter Supporting South Africa’s Genocide Case Against the State of Israel (La Via Campesina, 1-10-24)
The International Court of Justice Ruling:
On January 26, 2024, the International Court of Justice (ICJ) ruled on the Israeli genocide case brought forth by South Africa. Although it did not order a ceasefire, the court wants Israel to take measures to prevent and punish direct incitement of genocide. Another part of the ruling requests humanitarian aid and essential services in an “immediate and effective” way for the citizens of Gaza. Israel is to submit a report to the court on actions taken to uphold the order within a month.
"I can't be dishonest. I
believe the rulings of the court have been ignored...Hundreds of people have
been killed in the last three or four days. And clearly, Israel believes it has
a license to do as it wishes," said South Africa's foreign minister, Naledi
Pandor, addressing a news conference in Pretoria, South Africa, on January 31,
2024, about Israel's actions post-ruling. She also asked why there is no arrest
warrant for Israeli Prime Minister Benjamin Netanyahu, referring to South Africa
filing an ICC case in November 2023 calling for his arrest. Without going into
detail, Pandor told the press that South Africa would "look at proposing other
measures to the global community" in a bid to stop Israel from killing
civilians.
On February 26, 2024, just hours before the court's deadline, Israel submitted a report but asked that the details not be made public. The reason for this request is currently unknown.
International Court of Justice (ICJ) Official Order PDF (Just Security, 1-26-24)
Unpacking the Int’l Court of Justice Judgment in South Africa v Israel (Genocide Case) (Just Security, 1-26-24)
ICJ rules Israel must prevent acts of genocide in Gaza: Key takeaways (Al Jazeera, 1-26-24)
U.N. court orders Israel to halt killings in Gaza, but no cease-fire (The Washington Post, 1-26-24)
Israel must take steps to prevent genocide in Gaza, UN court says in ruling on temporary measures (CBC, 1-26-24)
South Africa says Israel is already ignoring UN court ruling ordering it to prevent deaths in Gaza (AP News, 1-31-24)
South Africa Returned To Seek An Urgent Order From The Court:
On May 10, 2024, South Africa returned to seek an urgent Order from the Court in the case of the Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip for the modification of provisional measures previously indicated by the Court and the indication of additional provisional measures as a result of Israel's ongoing military assault on Rafah. The war has displaced more than 900,000 Palestinians, and they now lack food, water, shelter, and medicine.
South Africa Moderation Request (International
Court of Justice Official, 5-10-24)
On May 16 & 17, 2024, the Court held public hearings on South Africa's request
for modification.
Response of the State of Israel to the question posed by Judge Nolte at the oral hearing of 17 May 2024 (International Court of Justice Official, 5-18-24)
South Africa's Comments On The Reply By Israel (International Court of Justice Official, 5-20-24)
On May 24, 2023, The International Court of Justice ordered Israel to
immediately and effectively implement "its obligations under the Convention on
the Prevention and Punishment of the Crime of Genocide" due to "the worsening
conditions of life faced by civilians in Rafah."
The Order includes an Immediate halt to Israel's military offensive and any
other action in Rafah that could "inflict on the Palestinian group in Gaza
conditions of life that could bring about its physical destruction in whole or
in part." They are also to "open the Rafah crossing for unhindered provision at
scale of urgently needed basic services and humanitarian assistance." Israel is
to "Take effective measures to ensure unimpeded access to the Gaza Strip of any
commission of inquiry, fact-finding mission or other investigative body mandated
by competent organs of the United Nations to investigate allegations of
genocide." Israel is also required to "submit a report to the Court on all
measures taken to give effect to this Order within one month from the date of
this Order."
International Court of Justice Order (International Court of Justice Official, 5-24-24)
International Court of Justice Order Summary (International Court of Justice Official, 5-24-24)
International Court of Justice Press Release (International Court of Justice Official, 5-24-24)
Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel): Latest Developments Page (International Court of Justice Official)
A Joint Statement released on May 24, 2024, by the Israeli Head of the National Security Council and the Spokesperson of the Ministry of Foreign Affairs said in response to the Order, "The charges of genocide brought by South Africa against Israel at the International Court of Justice in the Hague are false, outrageous and morally repugnant."
The International Criminal Court:
The International Criminal Court (ICC or ICCt) was established on July 1, 2002, in Rome, Italy, after ratification by 60 countries. Its primary objective is to serve as the "court of last resort" by being the first and only permanent international court with jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity, war crimes, and crimes of aggression.
Report Crimes Directly: Trying individuals for genocide, war crimes, crimes against humanity, and aggression (International Criminal Court Claims and Contact)
International Criminal Court (Wikipedia)