UN Court to rule on South Africa's genocide case against Israel in Gaza
South Africa submitted a plea with the International Court of Justice for provisional measures, including a halt to Israel's Gaza offensive that has claimed at least 23,000 Palestinian lives
Vasudha Mukherjee New Delhi Israel-Hamas war updates: The International Court of Justice (ICJ) is set to announce its Order on the Request for provisional measures submitted by South Africa in the case against Israel, titled "Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip." The notice was posted by the court on its official website on Wednesday evening.
South Africa initiated legal proceedings against Israel on 29 December 2023, citing alleged violations of the Convention on the Prevention and Punishment of the Crime of Genocide in relation to Palestinians in the Gaza Strip. The nation sought provisional measures to "protect against further, severe and irreparable harm to the rights of the Palestinian people" and to "ensure Israel's compliance with its obligations under the Genocide Convention."
Public hearings on South Africa's plea took place on 11 and 12 January 2024, addressing the accusations of genocide linked to Israel's military actions in Gaza. The forthcoming interim decision by the ICJ holds significant importance as it marks a preliminary stage in the case.
The interim ruling includes South Africa's eight requests for provisional measures, urging the court to halt Israel's military offensive in Gaza. Israel has vehemently denied the genocide accusations, contesting the case at the ICJ.
Israel-Gaza conflict
Israel's military campaign in Gaza, a response to Hamas militants' attack on Israeli communities in October, has been a point of contention. The conflict, ongoing for four months, has resulted in substantial destruction in Gaza and a reported death toll of at least 23,000 Palestinians.
Israel, typically cautious about international tribunals and UN investigations, has engaged with the ICJ and sent a high-level legal team to the hearings. The potential impact of an ICJ order to cease operations is viewed as a considerable concern for Israel's international standing, according to media reports.
United Nations Genocide Convention
The UN's Genocide Convention serves as the core foundation of South Africa's case against Israel. Enacted in 1948 in response to the Holocaust, the convention, officially known as the 'Convention on the Prevention and Punishment of the Crime of Genocide,' is designed to prevent such atrocities from recurring. 153 States have acceded or ratified to the convention, while 41 UN members are yet to do so. No one is immune from prosecution under the genocide convention, to which both South Africa and Israel are signatories.
South Africa has submitted an 84-page case document which contends Israel has violated this convention by failing to prevent genocide and prosecute incitement to genocide.
The public sitting, scheduled for 26 January 2024, will unfold at 1 pm at the Peace Palace in The Hague. Judge Joan E Donoghue, the President of the Court, will read the ruling.