South Africa files case against Israel at top UN court on alleged 'genocidal acts', hearing starts on Jan. 11

South Africa asked the court to order Israel to "immediately suspend its military operations in Gaza".

Brenda Khoo| January 10, 2024, 02:28 PM

Israel will appear before the International Court of Justice (ICJ) in the Hague after South Africa launched a case at the United Nations (UN) top court, accusing the former of violating the Genocide Convention in the ongoing Israel-Hamas war.

According to the Associated Press (AP), South Africa submitted its case on Dec. 29, 2023 and it is the first such challenge to be made over the Israel-Hamas war.

In the 84-page submission, South Africa asked the court to grant emergency measures ordering Israel to "immediately suspend its military operations" in Gaza.

Israel has rejected these allegations and confirmed that it will appear before the ICJ to defend itself on Jan. 11 and 12.

South Africa submits "genocidal acts" claim against Israel

South Africa’s Department of International Relations and Cooperation confirmed in an official statement that it had submitted its claim to the ICJ on Dec. 29, 2023.

South Africa's foreign ministry said in its statement that the country was "gravely concerned with the plight of civilians" in the Gaza Strip amid the war.

In its submission to the ICJ, South Africa alleged Israel “has engaged in, is engaging in, and risks further engaging” in “genocidal acts” against the Palestinians living in Gaza.

Its examples of the alleged genocidal acts included “serious bodily and mental harm”, as well as “deliberately inflicting...conditions of life calculated to bring about their physical destruction”.

South Africa pointed out that it has an obligation, as a state party to the Convention on the Prevention and Punishment of the Crime of Genocide, to "prevent genocide from occurring".

Apart from the allegation, South Africa's submission also contains a request to the ICJ to grant emergency measures ordering Israel to “immediately suspend its military operations” in Gaza.

This, South Africa said, is "necessary in this case to protect against further, severe and irreparable harm to the rights of the Palestinian people".

Emergency measures are also known by their formal term, "provisional measures". News agency Reuters likened them to "a kind of restraining order" that prevents a dispute from worsening while the case is being heard at the ICJ.

While the ICJ might rule on granting emergency measures, it has no way of enforcing the ruling. However, a ruling against Israel might damage the country's international reputation and set a legal precedent.

South Africa has been a critic of Israel's military campaign in Gaza. Its president, Cyril Ramaphosa, has likened Israel's policies in Gaza and the West Bank to South Africa's own aparthied regime of racial segregation, which Israel denies.

Israel claims case is "atrocious & preposterous"

In response to South Africa's allegations, Israel’s president Isaac Herzog called the case "atrocious and preposterous".

Herzog pointed out that Hamas had called for the destruction of the State of Israel in its charter. While this call was susequently dropped by the militant group, it still rejects Israel's right to exist.

The Israeli offensive in the Israel-Hamas war began after Hamas militants launched a cross-border attack on Israel on Oct. 7, 2023.

The Israeli foreign ministry issued a statement on Dec. 29, 2023, rejecting South Africa's claims as “baseless”:

"South Africa's claim lacks both a factual and a legal basis, and constitutes despicable and contemptuous exploitation of the Court."

The ministry additionally labelled Hamas a "terrorist organisation" and argued that the militants were “responsible” for the suffering of Palestinians in Gaza.

It also alleged that the group used them as human shields and stole humanitarian aid from them, which Hamas denies.

The Genocide Convention and the hearing

Adopted by the UN General Assembly in 1948, the Genocide Convention criminalises genocide and obliges signatories to not only refrain from committing genocide, but also prevent and punish it.

It defines genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group".

As both Israel and South Africa are signatories to the convention, the ICJ has the jurisdiction to rule on disputes over it.

Also called the World Court, the ICJ is the highest United Nations legal body. It deals with legal disputes between states.

In a Jan. 4 press release, the ICJ announced that hearings on South Africa's filed proceedings will take place on Jan. 11 and 12.

The hearings will be devoted to South Africa's request for the indication of emergency measures, as specified in its application to the ICJ.

According to Reuters, South Africa and Israel are expected to make their case in front of a 15-judge panel. This will be expanded by one more judge from each side in this case.

Both sides will have two hours on separate days to present their arguments for or against these measures. There will be no witness testimony and no cross-examinations.

However, the entire case would likely take years to complete.

In addition, although the ICJ’s decisions are final and legally binding, the court has no way of enforcing a ruling.

In March 2022, the court ordered Russia to halt hostilities in Ukraine. In spite of the binding legal ruling, Moscow persisted with its attacks.

The hearing will be broadcast live on UN Web TV and the ICJ's website.

Top image from X and ICJ's website