TOPLINE
South Africa launched a case Friday in the UN’s International Court of Justice alleging “acts and omissions by Israel” in Gaza “are genocidal in character,” and asking the court to order Israel to stop its military operations in Gaza as the death toll reportedly exceeds 20,000.
KEY FACTS
South Africa’s submission said Israel’s actions in Gaza are “genocidal” because they are intended “to destroy Palestinians in Gaza as a part of the broader Palestinian national, racial and ethnic group,” the Associated Press reported.
Israel rejected the allegations “with disgust,” according to the report.
South Africa can bring its case against Israel under the Genocide Convention, which both are signatories to, according to the Associated Press.
As of December 22, over 20,000 Palestinians have been killed in Gaza, according to the Hamas-run Gaza Health Ministry.
A hearing for South Africa’s request for Israel to suspend its military operations is likely in the next days or weeks, but if the case goes ahead it will take years, according to the Associated Press, and the court’s orders are not always followed.
CONTRA
Lior Haiat, the spokesperson for Israel’s Ministry of Foreign Affairs said the claim “lacks both a factual and a legal basis, and constitutes a despicable and contemptuous exploitation of the Court.” Haiat accused South Africa of “cooperating with a terrorist organization that is calling for the destruction of the State of Israel,” and called on the ICJ and international community to reject the case.
KEY BACKGROUND
South Africa also filed a referral to the International Criminal Court in November for an investigation into alleged war crimes by Israel in Gaza. “We have put through a referral because we believe that war crimes are being committed there,” South Africa’s President Cyril Ramaphosa said, according to the Associated Press. “And of course we do not condone the actions that were taken by Hamas earlier, but similarly we condemn the actions that are currently underway and believe that they warrant an investigation by the ICC.” During a virtual meeting in November that included Russian President Vladimir Putin and Chinese leader Xi Jinping, Ramaphosa called Israel’s “deliberate denial of medicine, fuel, food and water,” in Gaza “tantamount to genocide.” Later that month, a majority of South African lawmakers voted to close the Israeli embassy and cut diplomatic ties with Israel until it agreed to a ceasefire in Gaza, the Associated Press reported.
FURTHER READING
More Than 20,000 Dead In Gaza Amid Israel-Hamas War, Hamas-Run Health Ministry Says (Forbes)