South Africa has presented a case against Israel at the International Court of Justice (ICJ) in The Hague, seeking an injunction against Israel’s military operations in Gaza. The first day of the two-day hearing saw South Africa laying out a list of alleged genocidal acts committed by Israel. This comes as the ongoing bombardment of the Gaza Strip by Israeli forces has led to the death of more than 100 Palestinians and left nearly 200 injured in just the past 24 hours. Pro-Palestinian demonstrators gathered outside the court, calling for an end to Israel’s military actions.
South Africa’s case against Israel revolves around the argument that Israel’s actions in Gaza constitute genocide. Pretoria’s ambassador to the Netherlands, Vusimuzi Madonsela, stated that Israel’s genocidal acts and permissions form part of a continuum of illegal acts perpetrated against Palestinians since 1948. South Africa’s justice minister, Ronald Lamola, asserted that Israel’s response to the attacks by Hamas crossed a line and that no armed attack, no matter how serious, can justify or defend breaches to the Genocide Convention.
Adila Hassim, an advocate representing South Africa, presented a series of violations of the Genocide Convention committed by Israel. These include the mass killing of Palestinians in Gaza, inflicting serious bodily or mental harm on Palestinians, and Israel’s political leaders explicitly declaring their genocidal intent. The case also addressed the question of jurisdiction, with South African legal representatives highlighting that obligations under the Genocide Convention are owed to the international community as a whole.
While Israel has argued that it is acting in self-defense, South Africa’s delegation noted that the case focuses on Israel’s actions, as Hamas cannot be a party to the Genocide Convention or the proceedings at The Hague. The hearing will resume on Friday to hear Israel’s oral arguments.
A ruling in favor of South Africa and the Palestinians could heap significant pressure on Israel, particularly considering the United States’ support for Israel. While the outcome of the ICJ case may have limited impact on the ongoing conflict, it holds the potential to influence international perceptions and opinions.
According to Thomas MacManus, a senior lecturer in state crime at the School of Law, Queen Mary University of London, South Africa’s case is very impressive and highlights devastating accusations against Israel. On the other hand, Lior Haiat, spokesperson for the Israeli Ministry of Foreign Affairs, branded the hearing as hypocritical, accusing South Africa of aiming to enable Hamas to commit war crimes by challenging Israeli actions at the ICJ.
As the hearing progresses, the world watches closely to see how the court will respond to South Africa’s allegations and what implications the proceedings might have for the ongoing conflict in the region.
