South Africa Challenges Israel in International Court for committing genocide towards Palestinian people

By Lené Sophia Strydom / GICJ

The International Court of Justice began its hearings on the 11th of January 2024, addressing South Africa's accusations of genocide by Israel against the Palestinian people. The South African legal team consisting of Adila Hassin, Tembeka Ngcukaitobi, John Dugard, and Max du Plessis discussed ongoing violations by Israel against Palestinians, particularly in Gaza. The case, based on up-to-date United Nations statistics as of January 9, 2024, underscores a series of alleged violations by Israel, including mass killings, bombings, and actions violating articles of the Geneva Convention. This legal action is rooted in a deeply troubling narrative of genocidal intent, as highlighted by various legal experts and authorities, and is set to shed light on the gravity of the situation, demanding international attention and accountability for the alleged atrocities committed against the Palestinian people in Gaza.

Adila Hassin presents updated UN statistics as of January 9, 2024, highlighting Israel's conduct violating multiple articles of the Geneva Convention. The speech details mass killings in Gaza, bombings by the Israeli army, and the loss of numerous Palestinian lives. Disturbing actions against Palestinian children, such as arrests and blindfolding, are mentioned, along with accusations of genocidal intent. Furthermore, Hassin compared the atrocities in Gaza to the Myanmar genocide against the Rohingya minorities, stating that “what we are seeing today is even more stark which demands the courts attention.”

Tembeka Ngcukaitobi emphasises genocidal intent by Israel, pointing to warnings from 15 UN Special Rapporteurs and 21 members of the UN Working Group, who consider the situation a genocide. Ngcukaitobi highlights the decimation of 1% of Palestinians in Gaza and cites declarations of genocidal intent by Israeli political leaders. Actions such as the clearance of infiltrated communities and discriminatory statements by Israeli soldiers are mentioned, emphasising the severity of the situation including “Woman is an enemy, baby is an enemy, pregnant women is an enemy”.

John Dugard discusses the logistics of bringing the case to court, noting that both South Africa and Israel are parties to the genocide convention without reservations. Despite historical relations between South Africa and Israel, South Africa referred Israel to the ICC on October 17. Dugard draws parallels between the Gaza Strip and a concentration camp, stressing that South Africa persistently accuses Israel of committing war crimes on multiple occasions.

Max du Plessis, in his statement on the rights of Palestinians and Israel's actions, emphasises Israel's perceived attitude of considering itself “beyond and above international law”. He critiques the international community for what he sees as a prolonged failure to address the violations against Palestinians. Du Plessis points to the Genocide Convention, highlighting its prohibition against the destruction of a specific people or group. Notably, he underscores significant support for the case against Israel, coming from the Arab League, 57 states, scholars, and other entities. Du Plessis characterises Israel's treatment of Palestinians as, at the very least, plausibly genocidal, raising serious concerns about the nature of the alleged violations.

Blinne Ni Ghralaigh, an external council, underscores the dire humanitarian crisis in Gaza, labelling it a "crisis of humanity, a living hell, a bloodbath." With 180 daily births lacking access to essential medicine, the region has become a place of death and despair. Unburied bodies attract wild animals, hunger deaths may surpass airstrikes, and Israel targets civilian-refuge areas. Urgency is paramount. While ICJ orders provisional measures in other crises, Israel-Palestine worsens. Palestinians flee without return prospects, and over 25,000 children lack education for 3 months. Gaza's shattered educational system leaves 90,000 university students devoid of learning, with Israel denying responsibility for the crisis.

Vaughan Lowe asserts that Israel's actions towards Palestinians meet all the requirements to trigger the Genocide Convention. However, he notes that Hamas, not being a state and not party to the convention, cannot be part of the legal process. Lowe highlights that not all unlawful acts necessarily constitute genocide and, therefore, may not be subject to court proceedings. Finally, he contends that Israel's actions reveal the Israeli Government's intention to destroy Palestinians in Gaza as a distinct group.

South Africa's agent, Vusi Madonsela, proposes comprehensive provisional measures to the ICJ amid concerns about potential Israeli genocide against Palestinians. The recommendations include an immediate suspension of military operations in Gaza, prevention of actions by armed units linked to Israel, and both nations taking measures to avert genocide. Specific directives mandate Israel to cease acts outlined in the Genocide Convention, safeguard Palestinian well-being, and prevent incitement to genocide. The measures also address evidence preservation, reporting obligations, and a commitment to refrain from actions that could escalate the dispute. Compliance reports are required at regular intervals.

Geneva International Centre for Justice (GICJ) calls on the international community to open their eyes to the atrocities committed by Israel on the Palestinian people in Gaza. To open their eyes to genocide. GICJ commends South Africa for taking initiative to bring Israel to court, and to end the genocide and oppression on Palestinian people.

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