South Africa takes Israel to UN court, alleges genocide in Gaza war

In an unprecedented move at the International Court of Justice (ICJ), South Africa has leveled accusations of genocide against Israel, asserting that the nation’s leadership is determined to annihilate the Palestinian population in Gaza.

The South African delegation urged the top UN court to intervene and order an immediate halt to Israel’s military campaign in the besieged enclave.

During the initial hearings at the ICJ, South Africa argued that Israel’s air and ground assaults on Gaza were intended to “bring about the destruction” of its Palestinian population.

Lawyers representing South Africa claimed that comments made by Israeli leaders signaled “genocidal intent.” Israel, in response, dismissed the case as an “absurd blood libel,” with the government spokesperson expressing disappointment in South Africa’s involvement.

The conflict between Israel and Hamas triggered by the militant group’s actions on October 7, resulting in over 1,200 deaths and 240 hostages taken back to Gaza, was condemned by South Africa. However, they vehemently opposed Israel’s response, stating that “nothing” could justify the extensive casualties in Gaza, exceeding 23,000 lives lost.

Vaughan Lowe, one of the lawyers representing South Africa, emphasized, “The point is not simply that Israel is acting disproportionately. The point is that the prohibition on genocide is absolute. Nothing can ever justify genocide.”

Israel, scheduled to present its response in court, asserted that the war was an act of self-defense. Israeli President Isaac Herzog emphasized the nation’s efforts to minimize civilian casualties under “extremely complicated circumstances.”

This historic case marks the first time Israel is being tried under the Genocide Convention, established after World War II in response to the Holocaust. The ICJ, based in The Hague, has no enforcement mechanism for its rulings, but countries are obliged to prevent and punish genocide as signatories to the 1948 Genocide Convention.

South Africa’s 84-page filing to the ICJ detailed claims of genocide, citing actions by the Israeli military causing harm, forced evacuation, widespread hunger, and conditions “calculated to bring about their physical destruction.” The hearing also pointed to alleged genocidal statements by Israeli officials.

The ICJ was asked by South Africa to issue provisional measures to suspend Israel’s campaign in Gaza, aiming to protect the rights of Palestinians from “imminent and irreparable loss.”

While the court has no means to enforce these measures, they act as restraining orders to prevent further escalation during the case’s consideration.

South Africa contextualized Israel’s actions within a broader framework, linking them to apartheid, occupation, and the siege imposed on the Gaza Strip. Israel’s allies fiercely opposed the case, with the U.S. Secretary of State calling it “meritless.”

The international community’s response remains divided, with the Organization of Islamic Cooperation and several countries backing South Africa’s case, while Israel’s allies reject it.

The outcome of this case could significantly impact Israel’s international reputation, even if the ICJ lacks enforcement capabilities.

As the ICJ awaits Israel’s response, tensions rise, and the world watches closely to see how this historic accusation will unfold on the global stage.