South Africa has filed an application at the International Court of Justice (ICJ) against Israel, accusing it of genocide in its operations against Hamas in Gaza. This significant legal move was made on Friday and centers on allegations that Israel is breaching the 1948 Genocide Convention through its military actions in Gaza.
The application specifically accuses Israel of being “in violation of its obligations under the Genocide Convention.” South Africa argues that “acts and omissions by Israel … are genocidal in character, as they are committed with the requisite specific intent … to destroy Palestinians in Gaza,” according to the ICJ.
The Health Ministry in Gaza, controlled by Hamas, reports that over 21,507 people have been killed in the enclave since October 7. The United Nations Relief and Works Agency for Palestinian Refugees has indicated that among the dead are at least 308 people who were sheltering in United Nations facilities. South Africa’s application calls for immediate intervention to halt Israel’s military campaign to protect Palestinian rights from further harm.
In response, the Israeli Ministry of Foreign Affairs has dismissed the case as “baseless,” stating that Israel’s actions in Gaza are part of its national security measures and are not aimed at genocide. The Ministry further accused South Africa of calling for the destruction of the State of Israel and claimed that the case lacks both factual and legal basis.
The Palestinian Ministry of Foreign Affairs has welcomed the lawsuit, urging the ICJ to “take immediate action to protect the Palestinian people and demand Israel to stop the attacks.”
As of now, no hearing date has been set for the case at the ICJ. The court, being the principal judicial organ of the United Nations, sometimes sees its decisions overlooked by member states, as evidenced by the ICJ’s 2022 order for Russia to halt its military campaign in Ukraine, which has not been followed.
This legal action follows South Africa’s recent decision to close the Israeli embassy in Pretoria and suspend diplomatic relations. The Department of International Relations and Cooperation (DIRCO) of South Africa highlighted the urgency of addressing what it describes as Israel’s failure to prevent genocide since October 7, 2023.
Both South Africa and Israel are parties to the Genocide Convention. The ICJ, also known as the World Court, is the principal judicial organ of the United Nations. Additionally, the International Criminal Court (ICC) in The Hague is conducting investigations into alleged atrocities in Gaza and the West Bank. Israel, not a member of the ICC, rejects its jurisdiction.