As Israel’s non-stop bombardment on Gaza enters its fourth month, South Africa filed a legal case against Israel in the International Court of Justice (ICJ), alleging Benjamin Netanyahu’s government and Israeli forces were guilty of committing genocide in Gaza.
The International Court of Justice initiated two days of preliminary hearings on Thursday.
“The acts in question include killing Palestinians in Gaza, causing them serious bodily and mental harm, and inflicting on them conditions of life calculated to bring about their physical destruction,” the legal filing said.
The case highlighted the staggering death toll caused by the “sustained bombardment” of Gaza, one of “the most densely populated places in the world.” More than 23,000 Palestinians have been killed, mostly children and women, since Israel launched its land and air attack against Gaza in early October. The assaults left more than 55,000 Palestinians injured while displacing nearly 2 million.
Israel outrightly rejected the accusations calling them “atrocious and preposterous.”
South Africa accuses Israel of ‘genocidal intent’ in Gaza
In its 84-page brief, South Africa argues military operation by Israel in Gaza is an open violation of its obligations under the 1948 Genocide Convention.
- The case alleges Israel’s actions “are genocidal in character because they are intended to bring about the destruction of a substantial part” of the Palestinian population in Gaza.
- It argues that Israeli attacks are not only killing Palestinians but also causing them serious physical and mental harm, and “inflicting on them conditions of life calculated to bring about their physical destruction” which falls under the definition of genocide. It also alleges that Israeli officials are publicly giving statements that show “genocidal intent.”
Several countries including Turkiye, Jordan, Bolivia, Malaysia, Pakistan, the Maldives, Namibia, Columbia, as well as members of the Organization of Islamic Countries (OIC) backed South Africa’s lawsuit.
What happened at the initial hearing?
During the hearing, South Africa said Israel’s aggression, which has killed over 23,000 people and demolished most of the coastal enclave according to Gaza authorities, was intended to cause “the destruction of the population” of Gaza.
Adila Hassim, a prominent South African lawyer, described the severity of Israel’s brutal war on Gaza as one of the heaviest conventional bombing campaigns in modern warfare history. “Israel deployed 6,000 bombs per week … No one is spared. Not even newborns. UN chiefs have described it as a graveyard for children,” she said.
“The intent to destroy Gaza has been nurtured at the highest level of state,” advocate of the High Court of South Africa Tembeka Ngcukaitobi told ICJ.
Ngcukaitobi accused Israel’s political and military leaders, including PM Netanyahu, to be among “the genocidal inciters” and “That is evident from the way in which this military attack is being conducted”.
Blinne Ni Ghralaigh, an Irish lawyer on the South African team, argued that there is an “urgent” need for the court to order provisional measures to stop the violence, saying there is a risk of “irreparable” harm to Palestinians in Gaza.
She presented the last words left behind by a Medecins Sans Frontieres doctor, Dr Mahmoud Abu Nujaila, on a hospital whiteboard in Gaza. The doctor was later killed by an Israeli air strike on that hospital.
“It is becoming ever clearer that huge swaths of Gaza — entire towns, villages, refugee camps — are being wiped from the map,” she said. “On average, 247 Palestinians are being killed and are at risk of being killed, each day, many of them literally blown to pieces. They include 48 mothers each day, two every hour. And over 117 children, each day,” Blinne said.
How Israel responded?
Israel rejected the allegations right away, calling them “blood libel”. Jewish people during the Middle Ages used the term as a reference to false accusations.
- Israeli President Isaac Herzog told U.S. Secretary of State Tony Blinken this week that “there is nothing more atrocious and preposterous” than the case.
- Israel reiterated that it has a right to self-defense following the October 7 Hamas attack.
Before the hearing started, Israel instructed its embassies to convince their respective countries to issue statements against the case, according to a leaked memo issued by the Israeli government.
The memo stated that a “ruling by the court could have significant potential implications that are not only in the legal world but have practical bilateral, multilateral, economic, security ramifications.”
Supporting Israeli atrocities once again, the US called the case “meritless, counterproductive, and completely without any basis.”
What is ICJ and does it have enforcement powers?
The ICJ, also known as the World Court, was established bythe UN Charter in 1945 to settle disputes between countries. It’s one of the UN’s six primary organs and is located in The Hague.
The court consists of 15 judges elected to nine-year terms. Israel and South Africa are each allowed to add one ad hoc judge of their choosing to the panel.
The question remains – can an International Court of Justice ruling be enforced and does it have any tangible effect?
The court has no real enforcement power. But the case has huge significance politically, legally and could put more international pressure on Israel to stop the war.
Its rulings are binding under international law, and both Israel and South Africa are party to its decisions. However, some countries, including Russia and the United States, have ignored or rejected the court rulings in the past.
“There’s a real risk that an adverse judgement does not generate compliance,” Professor Michael Becker of Trinity College of Dublin said.
A provisional ruling in favor or against South Africa’s urgent request could be expected within weeks, however, a full judgement could take years. For instance, a 2019 case that The Gambia brought against Myanmar for its military crackdown on Rohingya refugees is still in trial more than four years after it began.