Chicago – January 13, 2024
The two-day public hearing in South Africa’s genocide case against Israel at the International Court of Justice (ICJ) began on Thursday. The South African government brought the case against Israel on December 29, accusing it of “genocidal acts” in its assaults on Gaza.
Palestinians and pro-Palestine campaigners around the world are hoping the ICJ might halt Israel’s devastating military campaign in Gaza, which has seen more than 23,000 people killed – nearly 10,000 of them children.
Here’s the ICJ case, simplified:
What is the International Court of Justice?
The ICJ, also called the World Court, is the highest United Nations legal body that can adjudicate on issues between member states. It is separate from the International Criminal Court (ICC), which tries individuals in criminal cases.
The ICJ comprises 15 judges appointed for nine-year terms through elections at the UN General Assembly (UNGA) and the Security Council (UNSC). The court’s rulings are binding and cannot be appealed by member states, but it depends on the UNSC to enforce the decisions.
What are South Africa’s accusations against Israel?
South Africa has accused Israel of committing the crime of genocide in Gaza in violation of the 1948 Genocide Convention, which both countries are party to.
The killing of Palestinians in Gaza in large numbers, especially children; destruction of their homes; their expulsion and displacement; blockade on food, water and medical assistance to the strip; the imposition of measures preventing Palestinian births by destroying essential health services crucial for the survival of pregnant women and babies, are all listed as genocidal actions in the suit.
What are South Africa’s immediate demands?
South Africa is requesting that the ICJ move urgently to prevent Israel from committing further crimes in the strip using “provisional measures” – essentially an emergency order that can be applied even before the main case begins.
It argues that provisional measures are necessary “to protect against further, severe and irreparable harm to the rights of the Palestinian people under the Genocide Convention, which continue to be violated with impunity”.
