Israel Accused of Genocide at the International Court of Justice

Israel Accused of Genocide at the International Court of Justice

By Andrea Farrugia

The conflict in Israel and Gaza has reached new highs, as South Africa accuses Israel of genocide. The Israel-Hamas war began last October, after the Hamas group launched an attack on Israel which resulted in more than 1,400 deaths. The Hamas group, which controls the Gaza Strip bordering Israel, faced retaliation from Israeli forces. As of now, about 25,000 Palestinians have died from the efforts. The war has waged on, seeing cases of hostage, killing, and mass destruction.

On December 29, South Africa requested the International Court of Justice (ICJ) to hold a proceeding against Israel. The request claimed that Israel had been committing genocidal acts against Palestinians in Gaza and further called for provisional measures for protection against harm going forward. Overall, the application accused Israel of violating the Convention on the Prevention and Punishment of the Crime of Genocide.

This convention, better known as the Genocide Convention, works to prevent and punish the crime of genocide on an international level. Typically, genocide is described as the mass slaughter of a group of people from a certain nation or ethnic group. However, genocide aims to destroy that group of people completely.

In their request, South Africa stated, “the conduct of Israel — through its State organs, State agents, and other persons and entities acting on its instructions or under its direction, control or influence — in relation to Palestinians in Gaza, is in violation of its obligations under the Genocide Convention.”

On January 11, Israel’s trial at ICJ began. In this hearing, South Africa explained the claim against Israel and demanded that the court give an order to stop military operations by Israel. The lawyer representatives of South Africa firmly believed the ongoing war against Gaza is only a part of Israel’s discrimination against Palestinians. 

South African Justice Minister Ronald Lamola in particular claimed, “The Palestinians have experienced systematic oppression and violence for the last 76 years.”

The accused country adamantly denied the claims against it. On January 12, Israel stood in front of the ICJ and claimed South Africa had simply taken the events of the war out of context.

During the hearing, Tal Becker, the Legal Advisor of the Israeli Ministry of Foreign Affairs, stated that South Africa had “regrettably put before the court a profoundly distorted factual and legal picture.”

Both hearing dates saw protests outside the international court, placed in the Netherlands. Supporters on both sides of the war rallied to voice their opinions on the court case.

This case likely won’t conclude quickly, but as both South Africa and Israel are parties to the Genocide Convention, the court can put in place legally binding measures to halt Israel’s military efforts. South Africa has asked the court to consider implementing such an order until the trial concludes.

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