What to know about South Africa’s genocide case against Israel

What to know about South Africa’s genocide case against Israel



(NewsNation) – The International Court of Justice is asked to consider this The case of South Africa They accuse Israel of committing genocide in Gaza.

Israel has rejected the allegations as “abhorrent and absurd” and Israel’s leadership has taken the rare step of turning to the court to defend its international reputation.

Here’s what you need to know about the groundbreaking case.

What’s wrong with Israel?

At Oct. 7Hundreds of armed Hamas fighters crossed the Gaza Strip into Israel, killing about 1,300 people and taking about 240 people hostage.

In response, Israel launched intensive military action against Hamas. After 100 days of warMore than 23,000 people, mostly civilians, have been killed in Gaza, according to the Hamas-run Health Ministry.

South Africa’s 84-page filing says Israel’s actions are “genocidal in nature because they aim to bring about the destruction of a significant portion” of Palestinians in Gaza.

The case applies to both what Israel actively does, such as: Carry out air strikesand for what it allegedly failed to do, namely prevent harm to civilians.

South Africa accuses Israel of:

  • Kill or cause serious physical or mental harm to members of the group
  • Deliberately imposing living conditions on the group designed to bring about its physical destruction, in whole or in part
  • Enforcing measures to prevent births within the group
  • Forced transfer of children from the group to another group

During opening arguments, South African lawyers said the recent war was part of decades of Israeli oppression of Palestinians.

Israel’s answer

The Israeli Foreign Ministry argued South Africa’s case there is no legal basis and represents a “despicable and contemptible exploitation” of the court.

“No, South Africa, it is not we who came to commit genocide, but Hamas,” said Israeli Prime Minister Benjamin Netanyahu. “It would murder us all if it could.”

Israel says it is taking a range of measures to prevent civilian casualties, including dropping leaflets warning of impending attacks and calling civilians to urge them to leave buildings under attack.

How is genocide defined?

South Africa asked the International Court of Justice to order Israel to immediately end the war, saying it had violated the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, drawn up after World War II and the Holocaust.

The meeting defines genocide as acts such as killings “committed with the intent to destroy, in whole or in part, a national, ethnic, racial or religious group.”

Genocide has historically been difficult to prove in international courts. Experts | Axios said This is because the legal definition does not provide a clear threshold for determining when the listed acts rise to the level of genocide. The definition also relies on intent, which is difficult to prove.

What is the International Court of Justice?

The IGH is the supreme court of the United Nations based in The Hague in the Netherlands.

It was founded after the Second World War to settle disputes between states and provide advisory opinions on legal issues, including to Israel.

The Hague calls itself the international city of peace and justice. It is not only the seat of the International Court of Justice, but also the International Criminal Court. The two courts have different mandates.

Unlike the International Criminal Court, the International Court of Justice cannot prosecute crimes of the highest seriousness, such as genocide. However, their opinions carry weight at the United Nations and other international institutions.

What happens next

The ICJ could rule quickly to South Africa’s call for Israel to end its military action, but a final decision on whether Israel is committing genocide could take several years.

Documents filed by South Africa include a request for the court to urgently issue legally binding interim orders requiring Israel to “immediately suspend its military operations in and against Gaza.”

If the ICJ rules in their favor, it would theoretically protect the Palestinians from what could ultimately be declared a genocide.

The 15-member UN Security Council is the organization’s most powerful body and is tasked with maintaining international peace and stability.

Its tools range from sanctions to authorizing military actions, but all actions require the support of at least nine council nations and no veto from any permanent member – the United States, Russia, China, Britain and France.



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