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ICJ opens hearing on Israel's 'genocide' in Gaza as toll mounts to 23,200

Gaza war: South Africa has initially asked the ICJ to order an immediate suspension of Israel's military offensive in the Gaza Strip

Israel Palestine
Israel's offensive continues despite mounting international pressure on Israel for a cease-fire. (Photo: Reuters)
BS Web Team New Delhi
5 min read Last Updated : Jan 11 2024 | 10:28 PM IST
The United Nations (UN) International Court of Justice (ICJ), on Thursday, began a two-day hearing in the case filed by South Africa against Israel, accusing it of committing genocide in the ongoing Gaza war. Israel has outrightly rejected the allegation.

Meanwhile, South Africa has initially asked the ICJ to order an immediate suspension of Israel's military offensive in the Gaza Strip. Asserting its right to defend itself against Hamas' terrorism, Israel has sent a strong legal team to defend its Gaza operation, which began after the October attack by Hamas last year.

Hamas, the Palestinian militant organisation governing the Gaza Strip, launched a surprise attack on Israel's southern territory on October 7, triggering the months-long ongoing conflict that has killed over 23,000 Palestinians.

A day before the hearing, Israel Prime Minister Benjamin Netanyahu also issued a video statement Wednesday night defending his country's actions. He claimed that Israel has no intention of permanently occupying Gaza and said the military operation is aimed at targeting Hamas, not civilians.

During the hearing, South African lawyers will explain to the court how Israel's operation in Gaza is genocidal in character and why it is calling for its immediate suspension.

What's happening in Gaza

According to the Hamas government, 23,200 Palestinians have been killed so far due to Israel's offensive. Last week, the UN humanitarian chief called Gaza uninhabitable. He said a famine is around the corner in Gaza due to the region's record level of food insecurity.

After north, Israel's offensive has reached southern Gaza, a place where it had initially asked the refugees to take shelter. At present, the conflict has intensified around the south city of Khan Younis, resulting in a health system collapse at a very rapid pace in the region, the World Health Organisation team said.

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Israel's offensive continues despite mounting international pressure on Israel for a cease-fire, which was officially cemented by a UN resolution supported by 153 countries on December 12 last year.

Status of Israeli hostages

Of the 250 Israeli and other nationals captured by Hamas during the October 7 attack, 105 were freed in a series of prisoner exchange deals at the end of November. Of the remaining hostages, around 24 have been killed in captivity.

What amounts to genocide

Juliette McIntyre, an expert on international law at the University of South Australia, said that a high death count could not be a factor alone to substantiate South Africa's allegations against Israel. "There must be an intent to destroy a group of people (classified by race or religion, for example) in whole or in part, in a particular place," she said.

What happens if ICJ rules against Israel

The Gaza "genocide" case revolves around the 1948 genocide convention. The convention was drawn up following the second world war murder of six million Jews in the Nazi genocide in Germany. Both Israel and South Africa are signatories to the convention.

The ICJ, operational since 1946, adjudicates cases between nations. However, the key UN body does not use police force to implement its judgements. In case the ICJ's ruling is not being complied with, the matter can be taken up with the Security Council. The UNSC, charged with upholding world peace, has tools such as sanctions and authorising military action to discharge its purpose.

To execute decisions, the 15-member body needs support from at least nine members and no veto by a permanent member. These permanent members are five nations - the United States, Russia, China, Britain and France.

(With agency inputs)

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Topics :Israel-PalestineUnited NationsHamasisraelBS Web ReportsSouth AfricaGazaGaza conflict

First Published: Jan 11 2024 | 4:51 PM IST

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