Gaza Genocide: South Africa Takes Israel To ICJ, Requests For Provisional Measures

The Hague, 29 December 2023: Drawing attention to the alleged violations by Israel of its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide (the “Genocide Convention”) of  Palestinians in the Gaza Strip, South Africa on Friday filed an application asking proceedings against Israel before the International Court of Justice (ICJ), the principal judicial organ of the United Nations.

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” and that “the conduct of Israel — through its State organs, State agents, and other persons and entities acting on its instructions or under its direction, control or influence — in relation to Palestinians in Gaza, is in violation of its obligations under the Genocide Convention’.

South Africa further states that “Israel, since 7 October 2023 in particular, has failed to prevent genocide and has failed to prosecute the direct and public incitement to genocide” and that “Israel has engaged in, is engaging in and risks further engaging in genocidal acts against the Palestinian people in Gaza”.

South Africa seeks to found the Court’s jurisdiction on Article 36, paragraph 1, of the Statute of the Court and on Article IX of the Genocide Convention, to which both South Africa and Israel are parties, as members of United Nations.

The Application also contains a Request for the indication of provisional measures, under the Article 41 of the Statute of the Court and Articles 73, 74 and 75 of the Rules of Court.

South Africa has also requested 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” and “to ensure Israel’s compliance with its obligations under the Genocide Convention not to engage

in genocide, and to prevent and to punish genocide”.

Meanwhile Israel responded by saying that South Africa’s application to the ICJ is a ‘blood libel’ that has ‘no factual and judicial basis and is a despicable and cheap exploitation of the court’. The occupation state has also said that South Africa is ‘collaborating with a terror group that calls for the destruction of the State of Israel’.

Since the war started on October 7, there are more than 29,000 dead or missing people from the besieged strip, according to a Gaza’s government media office official. This official has also told Al Jazeera that it is also estimated that more than 7,000 people are still trapped under rubble caused by Israel’s destructive air raids and ground invasion. He also said about 800,000 residents of Gaza City and the northern Gaza Strip do not have access to hospitals.

The International Court of Justice (ICJ) is the principal judicial organ of the United Nations and was established by the United Nations Charter in June 1945 and began its activities in April 1946. The Court is composed of 15 judges elected for a nine-year term by the General Assembly and the Security Council of the United Nations.

The seat of the ICJ is at the Peace Palace in The Hague (Netherlands). The Court has a twofold role: first, to settle, in accordance with international law, legal disputes submitted to it by States; and, second, to give advisory opinions on legal questions referred to it by duly authorized United Nations organs and agencies of the system.

The ICJ is different from the International Criminal Court (ICC) where criminals accused of war crimes are prosecuted.