The brutality being inflicted in Gaza has not been witnessed in recent history. And the sad reality is that after the devastation and experiences from two world wars during the past 100 years or so, it seems we have learnt nothing. (Photo by Fadi Alwhidi/Anadolu via Getty Images)
South Africa has instituted proceedings at the International Court of Justice (ICJ) against Israel over alleged genocide in its retaliatory strikes against Hamas in Gaza since early October, which have left thousands of Palestinian civilians dead.
In a statement, the ICJ said South Africa filed an application on Friday concerning alleged violations by Israel “of its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide”, known as the Genocide Convention.
It said according to the application, “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”.
The application says Israel has — in its retaliation against a Hamas attack on 7 October which left some 1 200 people dead while more than 200 were abducted — “failed to prevent genocide and has failed to prosecute the direct and public incitement to genocide”.
The Hague-based ICJ said South Africa’s application requests the court to indicate provisional measures in order to “protect against further, severe and irreparable harm to the rights of the Palestinian people under the Genocide Convention”.
South Africa has been very critical of Israel’s strikes in Gaza, and in November parliament passed an Economic Freedom Fighters motion for the country to end diplomatic ties with Tel Aviv and close Israel’s embassy until a ceasefire was agreed upon in the conflict.
International Relations and Cooperation Minister Naledi Pandor last month said the instruments of the United Nations had “failed the people of Gaza” in the same way they had let down those of Rwanda and Bosnia in the 1990s. She called for their reform to change them from being “a tool for the most powerful countries”.
Pandor said the International Criminal Court should have already issued a warrant for the arrest of Israeli Prime Minister Benjamin Netanyahu and other decision-makers for violations of international protocols.
Health authorities in Gaza say more than 21 000 Palestinians have been killed in Israeli’s strikes.
Established in 1945, the ICJ is the principal judicial organ of the United Nations, comprising 15 judges elected for a nine-year term by the general assembly and security council.
Its role is to settle, in accordance with international law, legal disputes submitted to it by states and to give advisory opinions on legal questions referred to it by UN organs and agencies. The ICJ differs from the ICC, which is a criminal tribunal that will prosecute individuals.