South Africa moved to the top UN court - the International Court of Justice (ICJ) - on Friday for an urgent order accusing Israel of breaching its obligations under the 1948 Genocide Convention following its devastating military campaign in Gaza. Accusing Israel of genocide, South Africa called on the country to halt its attacks on the Palestinian enclave.
South Africa's filing alleged that Israel was violating its obligations under the treaty that was drafted after the Holocaust in Nazi Germany against the Jewish community. It asked the court to issue provisional, or short-term, measures ordering Israel to stop its military campaign in Gaza, which it said were "necessary in this case to protect against further, severe and irreparable harm to the rights of the Palestinian people."
The petition further said that “acts and omissions by Israel ... are genocidal in character" as they are committed with the intent “to destroy Palestinians in Gaza” as a part of the broader Palestinian national, racial and ethnic group.
While the ICJ in The Hague, Netherlands is considered the UN's highest court for resolving disputes between countries, its rulings are sometimes ignored. In March 2022 the court ordered Russia to immediately halt its military campaign in Ukraine, which fell on deaf ears.
Israel rejects filing "with disgust"
Reacting to the filing, Israel said that it rejected "with disgust" the "blood libel" by South Africa in its application to the ICJ, saying that it lacks a factual and legal basis and constitutes a "despicable and contemptous exploitation of the Court".
"South Africa is cooperating with a terrorist organization that is calling for the destruction of the State of Israel. The Hamas terrorist organization - which is committing war crimes, crimes against humanity and sought to commit genocide on 7 October - is responsible for the suffering of the Palestinians in the Gaza Strip by using them as human shields and stealing humanitarian aid from them," said a statement from Israel's foreign ministry.
Israel also asserted that it is committed to international law and acts in accordance with it and is making every effort to limit harm to civilians and to facilitate the entry of humanitarian aid to the Gaza Strip. It called on the ICJ to reject South Africa's "baseless claims".
Israel and South Africa
Israel has been undeterred by increasing international pressure for an urgent ceasefire in Gaza, as its airstrikes and ground operations have killed more than 21,000 Palestinians, two-thirds of them women and children. Even Israel's closest ally the United States has urged the forces to operate with greater precision to limit civilian casualties and facilitate access to humanitarian efforts.
Last month, South African President Cyril Ramaphosa raised the issue of the Israel-Hamas war in an extraordinary joint meeting of BRICS leaders and invited matters, where he accused the Israeli side of war crimes and committing 'genocide' in the Gaza Strip.
"The actions by Israel are in clear violation of international law, including the UN Charter and the Geneva Convention, read together with its protocols,” Ramaphosa said, adding that in its attacks on civilians and by taking hostages, "Hamas has also violated international law and must be held accountable for these actions".
The ongoing war strained relations between South Africa and Israel as the latter recalled its ambassador and withdrew all its diplomatic staff from the Jewish country. Now, the South African Parliament passed a resolution to sever diplomatic ties with Israel and close the Israeli embassy until it stops its attack on Gaza, which was passed 248-91 in favour.
Israel also recalled its ambassador to South Africa Eliav Belotserkovsky, back “for consultations” after South Africa accused the country of committing a genocide in the Gaza Strip. A South African government minister also demanded the International Criminal Court (ICC) to issue an arrest warrant for Israeli Prime Minister Benjamin Netanyahu by mid-December, reported The Times of Israel.
(with inputs from agencies)
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