South Africa takes Israel to ICJ over alleged genocidal acts in Gaza

South Africa has initiated legal proceedings at the International Court of Justice (ICJ) on Friday, accusing Israel of committing “genocidal” acts in Gaza.

The application, filed under the Genocide Convention, alleges that Israel has violated its obligations, engaging in and risking further genocidal acts against the Palestinian people.

The South African statement contends that Israel has acted with “specific intent” to destroy Palestinians in Gaza as part of a broader ethnic and national group.

Israel swiftly rejected the charges, with Foreign Ministry spokesman Lior Haiat dismissing the accusations as a “blood libel” spread by South Africa.

The legal proceedings come amid the twelfth week of a war ignited by violent Hamas attacks on Israel. Vast areas of northern Gaza lie in ruins, with Israeli air strikes and ground combat intensifying in central and southern districts.

The conflict began with a Hamas attack on October 7, resulting in approximately 1,140 deaths, primarily civilians, according to an AFP tally based on Israeli figures.

Hamas militants also took about 250 people hostage, over half of whom remain captive in the war zone. Israel’s relentless military campaign since then has claimed more than 21,500 lives, mostly women and children, according to the health ministry in Hamas-ruled Gaza.

South Africa’s Plea to ICJ
In its filing to the ICJ, South Africa implores the court to “protect against further, severe, and irreparable harm to the rights of the Palestinian people.”

The nation, a vocal supporter of the Palestinian cause, has a history of condemning Israel’s actions, paralleling its own struggle against apartheid.

As tensions escalate, South Africa has recalled all its diplomats from Israel, prompting Israel to reciprocate by recalling its ambassador in South Africa.

The ICJ, tasked with adjudicating disputes between states, holds final authority over its decisions, but lacks direct means of enforcement. It can, however, order emergency measures pending the resolution of cases, which may extend over several years.

Notably, in November, five countries, including South Africa, advocated for an International Criminal Court (ICC) investigation into the Israel-Hamas war. ICC Chief Prosecutor Karim Khan confirmed that South Africa, Bangladesh, Bolivia, Comoros, and Djibouti, all ICC members, sought an investigation into “the situation in the state of Palestine.”

The legal battle between South Africa and Israel adds another layer to the complex dynamics of the ongoing conflict, bringing international institutions into the spotlight as they grapple with the intricacies of the situation in the Middle East.