On the 7th of October 2023, violence escalated between the State of Israel and the Gaza based militant group, Hamas. This led to increased Israeli military operations in Gaza, involving indiscriminate bombardments from air, land and sea. The Isreali response has resulted in the destruction of large portions of Gaze infrustructure, the deaths of more than 23,000 Palestinian civilians and the displacement of the majority of the population of Gaza.
The nature of Israel’s bombing campaign has been characterised as ‘indiscriminate’ and ‘disproportionate’ by various organisations and advocacy groups such as the International Committee of the Red Cross, Human Rights Watch, and Amnesty International. Furthermore, statements made by senior Israeli government Ministers have been accused of conveying genocidal intent. As the international community watches these atrocities unfold, South Africa has taken the matter up in the International Court of Justice. South Africa’s application states that:
- ‘’The acts and omissions by Israel complained of by South Africa are genocidal in character because they are intended to bring about the destruction of a substantial part of the Palestinian national, racial and ethnical group’’.
The ICJ has jurisdiction over disputes in relation to treaties that States have signed and ratified. South Africa has made its application under Article 9 of the Convention on the Prevention and Punishment of the Crime of Genocide (‘’Genocide Convention’’), which allows disputes between contracting State parties ‘’relating to the responsibility of a State for genocide’’ to be submitted to the ICJ.
The Hague hosted public hearings on the 11th and 12th of January 2024, in which South Africa and supporting external counsel Blinne Ní Ghrálaigh KC and Vaughan Lowe KC, provided evidence in support of their allegation of breach of the genocide convention. They cited public statement of Israelis officials, Israeli policy regarding the lives of Palestinians in Gaza as well as photographic and video evidence documenting the atrocities occurring in Gaza. Israel denied the accusations, claiming they were not committing genocide, and that their actions are justified as self-defence.
A determination by the ICJ on whether or not Israel is committing genocide in Gaza will likely take years. However the Court can issue preliminary measures while it arrives at its final decision. As such, South Africa made specific requests of the court, requesting that as a matter of extreme urgency to indicate the following provisional measures in relation to the Palestinian people as a group protected by the Genocide Convention:
Israel has called the claims brought by South Africa ‘’blood libel’ and has requested that the Court reject the request for indication of provisional measures submitted by South Africa and the removal of this case from the general list.
Decisions and advisory opinions of the ICJ are legally binding, but it lacks enforcement measures, therefore relying on national governments to enforce its rulings.