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ISRAEL-HAMAS WAR

International Court of Justice hears South Africa's genocide case against Israel

The International Court of Justice (ICJ) is holding its first hearings in a genocide case against Israel brought by South Africa over the Jewish state’s military assault on the Gaza Strip.

Supporters of Israel demontrate outside the International Court of Justice in The Hague as it opens hearings into a genocide complaint brought by South Africa on 11, January 2024.
Supporters of Israel demontrate outside the International Court of Justice in The Hague as it opens hearings into a genocide complaint brought by South Africa on 11, January 2024. AFP - ROBIN UTRECHT
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On the first of two days of hearings, South Africa said Israel's aerial and ground offensive in Gaza aimed to bring about "the destruction of the population".

 

The filing to the ICJ, the highest legal body of the United Nations, alleges that Israel “has engaged in, is engaging in and risks further engaging in genocidal acts against the Palestinian people in Gaza".

On 7 October Hamas gunmen launched an attack on Israel that left about 1,140 people dead, mostly civilians. They also took some 250 people hostage – more than half of whom remain captive.

Since then, Israel has killed more than 21,500 people in Gaza, mostly women and children, according to the health ministry in the territory, which is ruled by Hamas.

Genocide accusations

"The intent to destroy Gaza has been nurtured at the highest level of state," Tembeka Ngcukaitobi, advocate of the High Court of South Africa, told the court. 

He said Israel's political and military leaders, including Prime Minister Benjamin Netanyahu, were among "the genocidal inciters".

Israel has rejected the accusations of genocide, and has said it is waging war against Palestinian militants, not the Palestinian people.

It has accused South Africa of playing devil's advocate for Hamas and has called the allegations as intended to stir up lethal hatred of Jews.

 

The unprecedented case marks the first time Israel has been tried under the United Nations Genocide Convention that was drawn up after WWII following the atrocities committed against the Jewish people during the Holocaust.

The court will hear Israel's response to South Africa on Friday.

South Africa concluded its arguments by requesting emergency measures to stop the war.

Stakes high

 

Outside the court in the Hague, groups of Palestinian and Israeli supporters demonstrated, and police tried to keep them separate.

Hundreds of people waving Palestinian flags calling for a ceasefire, while Israeli supporters set up a screen showing images of hostages still being held in Gaza.

 

The case could determine the course of the Gaza war.

While dozens of countries, many of them Arab or Islamic nations, support the case, Israel’s Western allies, including the European Union, have mostly remained silent.

The United States has been vocally opposed.

And inside Israel, while the public firmly support the military's offensive in Gaza, support for Prime Minister Benjamin Netanyahu has fallen sharply.

Concern is mounting about the financial toll of the conflict, which is costing the Israeli economy hundreds of millions of dollars a day.

South Africa's connection 

South Africa has long been a vocal supporter of the Palestinian cause, with the ruling African National Congress party often linking it to its own struggle against apartheid.

Pretoria has strongly condemned Israel's response to the Hamas attacks and has recalled all its diplomats from the country.

Israel in turn has recalled its ambassador in South Africa.

Both Israel and South Africa are signatories to the UN Genocide Convention, which gives the ICJ jurisdiction to rule on disputes.

While its decisions are final, the court has no means of enforcing them.

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