THE HAGUE – South Africa has officially lodged a case against Israel with the International Court of Justice (ICJ), citing alleged violations of the Convention on the Prevention and Punishment of the Crime of Genocide in connection to Palestinians in the Gaza Strip.
The application, filed on December 29, accuses Israel of engaging in genocidal acts with the specific intent to destroy Palestinians in Gaza, considering them as part of the broader Palestinian national, racial, and ethnic group.
The acts and omissions are reportedly attributed to Israel’s state organs, agents, and other entities operating under its influence.
The application further contends that Israel, especially since October 7, 2023, has not taken adequate measures to prevent or prosecute direct and public incitement to genocide. South Africa argues that Israel’s conduct violates its obligations under the Genocide Convention.
The BRICS member state is seeking the Court’s jurisdiction based on Article 36, paragraph 1, of the Statute of the Court and Article IX of the Genocide Convention, ratified by both South Africa and Israel.
As part of its legal action, South Africa has also requested provisional measures under Article 41 of the Statute of the Court and Articles 73, 74, and 75 of the Rules of Court.
The provisional measures are intended 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 to prevent and punish genocide.
According to Article 74 of the Rules of Court, a request for provisional measures holds priority over all other cases.
Sky News reported that Israel’s Foreign Affairs department has rejected the case, saying the order has no “factual legal basis”. “It is despicable and contemptuous and is an exploitation of the court,” the statement reportedly said. “South Africa has cooperated with a terrorist organisation that has been calling for the destruction of Israel. Israel remains committed to international law.”
Israel’s relationship with the United Nations is also reportedly at an all-time low. Media reports say the country recently decided to stop automatic visas to UN employees.
The International Court of Justice, established in June 1945 by the United Nations Charter, serves as the principal judicial organ of the United Nations.
Comprising 15 judges elected for a nine-year term, the ICJ plays a dual role in settling legal disputes between states and providing advisory opinions on legal questions referred by authorised UN organs and agencies. The court is headquartered at the Peace Palace in The Hague, Netherlands.
See the full statement below
ALSO READ: UN aid agency: Gaza convoy came under Israeli fire
