South Africa Accuses Israel of Genocide, Calls on Top UN Court to Cease Gaza Conflict
South Africa accuses Israel of genocide at the UN's top court, alleging an ongoing campaign to destroy Palestinians in Gaza They urge the court to intervene and halt Israel's military operations in the region, highlighting a concerning pattern of genocidal conduct
South Africa has made an unprecedented accusation against Israel at the United Nations top court, alleging genocide and claiming that Israel's leadership is aiming to annihilate the Palestinians in Gaza. They are calling for the court to intervene and stop Israel's military campaign in the enclave.
During the first day of hearings at the International Court of Justice (ICJ), South Africa argued that Israel's attacks on Gaza were deliberate attempts to "destroy" the Palestinian population, pointing to statements from Israeli leaders as evidence of their "genocidal intent."
Israel initiated a war against Hamas following the militant group's deadly attack on October 7th, which resulted in the deaths of over 1,200 people and the taking of 240 hostages back to Gaza. While South Africa criticized Hamas' actions, they also stated that Israel's response, resulting in the death of more than 23,000 people in Gaza, could not be justified. "The issue is not just about Israel's disproportionate actions. It's about the absolute prohibition of genocide," stated Vaughan Lowe, a legal representative for South Africa. "Genocide can never be justified."
Israel rejected the accusation as a "baseless blood libel," with government spokesperson Eylon Levy stating, "It is unfortunate that the rainbow nation, which claims to combat racism, is now defending the anti-Semitic racists pro-bono."
Family and friends gathered to say their final goodbyes to Al Jazeera camera operator Samer Abu Daqqa in Khan Younis, Gaza, on Saturday, December 16. Abu Daqqa passed away from injuries sustained in an Israeli attack on Khan Younis, as reported by the network on Friday.
Photo by Ahmad Hasaballah/Getty Images
Israel is currently involved in a genocide case before an international court, raising the question of whether this could lead to a cessation of the conflict in Gaza. Israel is set to present its response in court on Friday, with President Isaac Herzog stating that the country will argue that the war is a matter of self-defense. Additionally, Israel plans to demonstrate that it is making every effort to prevent civilian casualties under challenging circumstances.
The International Court of Justice (ICJ), located in The Hague, Netherlands, was established in June 1945 to hear cases in which states accuse others of violating their UN treaty obligations. Both South Africa and Israel are signatories to the 1948 Genocide Convention, which obliges them to refrain from committing genocide and to take measures to prevent and punish it.
Experts are noting that this is the first instance of the Jewish state being brought to trial under the Genocide Convention, which was created in response to the Holocaust and the atrocities committed against the Jewish people during World War II.
In an 84-page submission to the ICJ, South Africa contended that Israel's actions in Gaza amount to genocide, resulting in severe physical and mental harm, forced displacement, widespread hunger, and deliberately creating conditions that lead to the physical destruction of Palestinians. Additionally, South Africa accused Israel of not taking action to prevent incitement to genocide in public statements made by its officials.
During a three-hour oral presentation, South Africa's legal representatives urged the ICJ to intervene and halt Israel's activities in Gaza in order to safeguard the rights of Palestinians from immediate and irreparable harm.
Provisional measures, also known as "interim measures," serve as a type of injunction to prevent a dispute from escalating while the court evaluates the full merits of the case, which could be a lengthy process. When considering provisional measures, the court only needs to determine if, at first glance, the actions in question could potentially violate the genocide convention. "It is not required for the court to make a final determination on whether Israel's actions constitute genocide. The essential task is to establish whether at least some of the alleged acts could potentially fall within the provisions of the convention," asserted Adila Hassim, a lawyer representing South Africa.
South African Justice Minister Ronald Lamola, left, and Ambassador to the Netherlands Vusimuzi Madonsela, right, gave evidence at Thursday's hearing.
The opening remarks from South Africa emphasized that it sees Israel's genocidal acts and omissions as part of a broader context that includes Israel's 25-year apartheid, 56-year occupation, and 16-year siege imposed on the Gaza Strip.
South Africa enforced apartheid from 1948 to the early 1990s, and the ruling African National Congress has consistently supported the Palestinian cause. Prior to the hearing, South Africa faced accusations of hypocrisy from Israel and other parties for not filing a genocide charge against Hamas, whose founding charter calls for the killing of Jews and the destruction of Israel.
During the hearing, South Africa argued that "Hamas is not a state and therefore cannot be a party to the genocide convention," and suggested that the group should be held accountable by the International Criminal Court, which deals with individual responsibility for crimes such as war crimes and crimes against humanity, rather than by states.
Support for South Africa's position has come from the Organization of Islamic Cooperation, a coalition of 57 Muslim countries, and from Jordan, Turkey, and Malaysia, while Israel and its allies have strongly opposed it.
A pattern of genocidal conduct
US Secretary of State Antony Blinken dismissed the case as "lacking merit," and expressed outrage, stating that it was "especially infuriating considering that those who are targeting Israel - such as Hamas, Hezbollah, the Houthis, and their backer Iran - persist in openly advocating for the destruction of Israel and the mass killing of Jews."
South Africa provided evidence indicating a "systematic pattern of conduct" by Israel that could be interpreted as genocide. The UN defines genocide as acts committed with the intention to destroy a national, ethnic, racial, or religious group, in whole or in part.
It is the belief of South Africa that the evidence of widespread destruction from the bombing of Gaza, and intentional restriction of essential resources, shows that Israel is aiming to destroy the Palestinians in Gaza as a group. The government is seen as taking no action to prevent or punish those who support this goal."
Referencing previous reporting from CNN, it has been revealed that nearly half of the air-to-ground munitions used by Israel in Gaza have been unguided "dumb bombs." Vaughan stated that Israel's claim of doing everything it can to minimize innocent Palestinian deaths is useless. The use of 2,000-pound bunker-busting bombs and unguided bombs in residential areas, along with the continuous bombardment of Gaza, tells a different story.
Israel has made it clear that its target is Hamas, which is known for conducting military operations within civilian buildings, not the civilians in Gaza.
South Africa claimed that Israel's evacuation order for northern Gaza residents on October 13 was "genocidal" because it required immediate movement without allowing any humanitarian assistance. Israel, however, stated that the notification of a planned military attack to the civilian population was in line with international law.
Court risks treating Palestinians differently
As well as detailing the actions of the Israeli military, South Africa also cited public pronouncements by Israeli officials it alleged were genocidal in nature.
"Israel's political figures, military leaders, and individuals in positions of authority have consistently and openly expressed their intent to commit genocide," Tembeka Ngcukaitobi contended. Ngcukaitobi referenced Israeli Prime Minister Benjamin Netanyahu's speech to Israeli forces on October 28, just prior to the forthcoming start of its ground assault in Gaza.
Netanyahu reminded the court of the Biblical command to Saul to exact retaliatory destruction on the Amalekites. Ngcukaitobi noted that there is precedent for the court to grant the emergency orders sought by South Africa.
Israel is scheduled to argue its case in the second day of hearings on Friday.
The Gambian request for provisional measures to protect the remaining Rohingya people in Myanmar from genocide was granted by the court in January 2020. Similar protective measures have been granted in the past, such as for Ukrainians facing Russian aggression and for Bosnians during the Balkan Wars in the 1990s.
Max du Plessis, a South African lawyer, warned that by not doing so, the court would be unfairly treating Palestinians as less deserving of protection than others.
While countries cannot challenge the rulings, the ICJ lacks the means to enforce them. A report by Human Rights Watch in 2022 revealed ongoing mistreatment of the Rohingya in Myanmar, despite the interim measures. Likewise, despite the court's order in March 2022 for Russia to halt its invasion of Ukraine, the conflict continues almost two years later.
An ICJ ruling against Israel may not necessarily limit its military actions, but it could significantly damage Israel's standing on the global stage.
The Israeli Foreign Ministry lashed out at South Africa, accusing it of serving as Hamas' legal representative in a heated statement on Thursday.
"Today, we witnessed one of the most egregious displays of hypocrisy in history, accompanied by a string of unfounded and baseless allegations," stated Lior Haiat, a spokesperson for the ministry, on X.
Reporting contributed by CNN's Antoinette Radford.
