South Africa alleges that Israel has committed genocide in Gaza
At the International Court of Justice (ICJ) in The Hague lawyers for South Africa will today (Thursday) present oral arguments supporting their allegation that Israel has violated the Genocide Convention in Gaza. The hearing begins at 10 a.m. CET.
Israel will present oral arguments tomorrow (Friday).
According to South Africa’s application instituting proceedings against Israel, “acts and omissions by Israel … are genocidal in character, as they are committed with the requisite specific intent … to destroy Palestinians in Gaza as a part of the broader Palestinian national, racial and ethnical group” and that “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”.
South Africa further states that “Israel, since 7 October 2023 in particular, has failed to prevent genocide and has failed to prosecute the direct and public incitement to genocide” and that “Israel has engaged in, is engaging in and risks further engaging in genocidal acts against the Palestinian people in Gaza”.
South Africa seeks to found the court’s jurisdiction on Article 36, paragraph 1, of the Statute of the Court and on Article IX of the Genocide Convention, to which both South Africa and Israel are parties.
The application to the ICJ contains a request for the indication of provisional measures, pursuant to Article 41 of the Statute of the Court and Articles 73, 74 and 75 of the Rules of Court.
South Africa is requesting that the court indicate provisional measures in order to “protect against further, severe and irreparable harm to the rights of the Palestinian people under the Genocide Convention” and “to ensure Israel’s compliance with its obligations under the Genocide Convention not to engage in genocide, and to prevent and to punish genocide”.
The countries of the Arab League have announced support for South Africa’s application.
Turkey, Libya, Colombia, Brazil, Indonesia, Malaysia, Bolivia, Nicaragua, the Republic of Maldives, Venezuela, Namibia, and Morocco have also declared their backing for the legal action.