South Africa's Genocide Case Against Israel: An International Court of Justice Confrontation Over the Gaza War
South Africa has lodged a complaint at the International Court of Justice, accusing Israel of committing genocide during the Gaza war against Hamas The application seeks to initiate legal proceedings against Israel for its alleged actions
A still from a video appears to show Palestinians detained by the Israel Defense Forces (IDF) in a stadium in northern Gaza.
Yosee Gamzoo Letova
Video appears to show at least two children stripped and detained by IDF in Gaza stadium among Palestinian men
South Africa has submitted an application to the International Court of Justice, alleging that Israel's actions in Gaza constitute genocide. The court confirmed on Friday that South Africa accuses Israel of violating the Genocide Convention and claims that Israel's actions and omissions in Gaza are genocidal in nature, with the specific intent to destroy Palestinians in Gaza.
Since October 7, more than 21,507 individuals have lost their lives in Gaza, as reported by the Health Ministry under Hamas control. Among the casualties, at least 308 were seeking refuge in United Nations shelters, as stated by the United Nations Relief and Works Agency for Palestinian Refugees.
Israel has dismissed South Africa's allegations and request to the global court, deeming it as an attempt to "destroy the State of Israel." The Ministry of Foreign Affairs has asserted that South Africa's claim is unsupported by both factual and legal grounds.
Israel upholds international law and carries out military operations solely against the terrorist organization Hamas and other groups collaborating with them, with a commitment to minimizing harm to non-combatants and facilitating the entry of humanitarian aid into Gaza. The recent aerial and ground assaults on Gaza, sparked by Hamas' deadly attacks and kidnappings on October 7, have resulted in significant destruction in the densely-populated area, drawing criticism from aid organizations and the global community.
Earlier this month, US President Joe Biden criticized Israel for engaging in "indiscriminate bombing" in Gaza. According to US intelligence assessment, nearly half of the air-to-ground munitions used by Israel in their conflict with Hamas are unguided, also known as "dumb bombs," which are less precise and pose a greater threat to civilians.
Analysis by CNN and the artificial intelligence company Synthetaic has revealed that many of the bombs used in Gaza are massive and capable of causing casualties beyond 1,000 feet. While supporters of Israel's campaign claim that these heavy munitions are effective for destroying Hamas' underground tunnel infrastructure, experts note that Western militaries typically use such bombs sparingly. It's important to note that international humanitarian law prohibits indiscriminate bombing.
The IDF announced on Friday that it is escalating its activities in southern Gaza, the area where civilians were instructed to take shelter. The military also stated that it has dismantled a series of tunnels and a "hiding apartment" used by Hamas leader Yahya Sinwar. CNN is unable to verify the accuracy of the IDF's assertions.
Palestinians scramble to salvage usable items amidst the rubble of a residential area demolished in Israeli attacks in Deir al-Balah, Gaza on December 12. This aerial view captures the devastating aftermath. (Image by Ashraf Amra/Anadolu/Getty Images)
Exclusive: US intelligence assessment reveals that almost 50% of the Israeli munitions used in Gaza are imprecise dumb bombs.
The South African Department of International Relations and Cooperation released a statement on Friday expressing grave concerns about the indiscriminate use of force and forced displacement of civilians in the current Israeli attacks on the Gaza Strip.
Additionally, ongoing reports indicate that international crimes, including crimes against humanity and war crimes, are being committed. There are also reports indicating that acts meeting the threshold of genocide or related crimes as defined in the 1948 Convention on the Prevention and Punishment of Genocide have been and may still be committed in the ongoing massacres in Gaza.
As a State Party to the Convention on the Prevention and Punishment of the Crime of Genocide, South Africa is obligated by treaty to prevent genocide from occurring.
According to the ICJ, also known as the World Court and the principal judicial organ of the United Nations, both South Africa and Israel are parties to the Genocide Convention.
Smoke billows from Israeli bombardment over Khan Younis, as seen from Rafah, Gaza, on December 16.
Said Khatib/AFP/Getty Images
