On Friday, December 29, 2023, South Africa filed a lawsuit against the Israeli occupation before the International Court of Justice (ICJ), on charges of committing “acts of genocide” against Palestinian civilians in the Gaza Strip.
According to a statement, the ICJ application related to alleged violations by Israel of its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide that is being carried out against the Palestinians in the Gaza Strip.
South Africa in its lawsuit stated that Israel’s conduct, through State agencies, State agents and other persons and entities acting on its instructions or under its direction, control or influence, with respect to the Palestinians in Gaza, constitutes a violation of its obligations under the Charter of the United Nations.
The lawsuit says Israel’s actions are “genocidal in character because they are intended to bring about the destruction of a substantial part of the Palestinian national, racial and ethnic group”.
“The acts in question include killing Palestinians in Gaza, causing them serious bodily and mental harm, and inflicting on them conditions of life calculated to bring about their physical destruction,” the lawsuit said.
It added that the Israeli attacks breach the UN’s Genocide Convention, and urged the court to “order Israel to cease killing and causing serious mental and bodily harm to Palestinian people in Gaza”.
South Africa also asked the International Court of Justice to “indicate provisional measures in order to protect against further grave and irreparable harm to the rights of the Palestinian people under the Genocide Convention and to ensure that Israel complies with its obligations under the Genocide Convention not to engage in, prevent and punish genocide.”
Legal experts confirm that, based on previous cases in court; The International Court of Justice can issue a quick order that may include a ceasefire, or a ban on the supply of weapons within a short period, within approximately a month, after which the case will be considered in detail.
According to legal experts, accusing any “state” of genocide in the International Court of Justice is not a light matter at all. It shames the perpetrator and hinders the ability of his supporters to continue doing so in a fundamental and definitive manner.
This procedure differs from cases brought before the International Criminal Court, which are usually brought by states, individuals or institutions against those holding political and military positions in other countries in their personal capacity and not as a state.
The procedure before the International Criminal Court is usually dependent on the decision of the president of the court, which is to open investigation into the crimes, which was not the case with Palestine. Despite the submission of many reports against Israel and the opening of an investigation, however, these reports have not been proceeded further due to the political nature of the court in the first place.
Since Oct. 7, the Israeli occupation army launched a bloody aggression on the Gaza Strip, causing a severe humanitarian and health catastrophe.
The Israeli aggression on the Gaza Strip constitutes a blatant violation of international humanitarian and human rights law as it exposes civilians’ lives to extreme danger, which requires immediate international intervention.
The international community must force the Israeli occupation forces to abide by international human rights and humanitarian laws, mainly protecting the rights and lives of civilians, prohibiting their targeting and preserving their safety, and holding the Israeli leaders accountable for committing war crimes in the Gaza Strip.
