As the war in Gaza continues into its 83rd day and has cost more than 21,000 lives, South Africa is launching a new case against Israel: Pretoria has filed a complaint with the International Court of Justice (ICJ), the UN body that hears disputes between Israel is choosing states to denounce what they say is the “genocidal” nature of Israel’s invasion of Gaza. Since the beginning of the conflict, the rainbow nation has been at the forefront of open criticism of Israel and had filed its first application to the International Criminal Court.
Published on: 12/29/2023 – 11:50 p.m. Modified on: 12/30/2023 – 1:46 a.m
5 minutes
In its application to the International Court of Justice (ICJ), South Africa claims that Israel “was complicit in, has participated in, and continues to participate in genocide against the Palestinian people in Gaza.” It denounces “massacres” and the intention to “kill” these people. “destroy,” reports our correspondent in Johannesburg. Josephine Klöckner.
Strong words that the rainbow nation has not used for the first time: a month ago, the government had already accused Israel of war crimes and genocide in Gaza. recalled all his diplomats from Tel Avivand, along with four other countries, requested that an investigation be opened by the International Criminal Court (ICC). Israel responded by announcing the recall of its ambassador to South Africa.
South Africa's support for the Palestinian cause does not come from this war that has been raging for almost three months: it is in the DNA of the ANC's international policythe Liberation Party, which has been in power for 30 years, often comparing this to its own fight against apartheid.
In a press release, the government states that it continues to “call for an immediate and permanent ceasefire and the resumption of talks to” in its words “put an end to the violence resulting from the belligerent occupation of Palestine.” ”
“Israel’s actions and omissions are genocide.”
In its 84-page statement of claim, Pretoria claims that Israel's “actions and omissions have a genocidal character because they are based on the requisite specific intent.” […] “To destroy the Palestinians in Gaza as part of the broader national, racial and ethnic group of Palestinians,” the Hague-based International Court of Justice said in a statement announcing Pretoria's filing of an application.
According to South Africa, these “acts and omissions” include “the killing of Palestinians in Gaza, causing them severe physical and mental harm and imposing living conditions likely to lead to their physical destruction.” “These acts are all attributable to Israel, which has failed to prevent genocide and is committing genocide in clear violation of the Genocide Convention,” she continued. “The Israeli state, including at the highest levels, the Israeli President, Prime Minister and Defense Minister, express genocidal intentions,” it also said.
South Africa has just taken the matter to the International Court of Justice @CIJ_ICJ against the State of Israel on the basis of the Genocide Convention. According to South Africa, “Israel’s actions and omissions are genocidal in nature.” Request emergency response. Upcoming hearings.
—Steph. Maupas (@StephMaupas) December 29, 2023
Read alsoIn South Africa, the tradition of supporting the Palestinian cause is clear
Israel rejects allegations “with disgust.”
These allegations were immediately brushed aside “with disgust” by Benjamin Netanyahu’s government. “Israel rejects the defamation with disgust […] propagated by South Africa and its appeal to the International Court of Justice,” responded Israeli Foreign Ministry spokesman Lior Haiat on the social network X (formerly called Twitter).
Israel rejects with disgust the blood libel spread by South Africa in its application to the International Court of Justice (ICJ).
South Africa's claim lacks both factual and legal basis and constitutes a despicable and contemptible exploitation of the court.
South Africa… pic.twitter.com/dqyhY8WYE0
— Lior Haiat 🇮🇱 (@LiorHaiat) December 29, 2023
For almost five years, Pretoria has no longer had an embassy in Tel Aviv, only a simple liaison office, as it has always had tense relations with the Jewish state. A position confirmed in Marchlong before the war between Israel and Hamas began.
The ICC had already opened an investigation into alleged war crimes in the Palestinian territories in 2021, including alleged crimes by Israeli forces, Hamas and other Palestinian armed groups.
Pretoria says it wants to “ensure the urgent protection” of civilians
In its position, South Africa condemns the Hamas attack in southern Israel on October 7, which left almost 1,200 people dead, but adds that nothing can justify acts of genocide, our correspondent in The Hague reports. Stephanie Maupas.
In South Africa’s application to the International Court of Justice, the “intent” can be “inferred”. […] on the nature and conduct of the Israeli military operation in Gaza, particularly in light of Israel's failure to provide or ensure food, water, medicine, fuel, shelter and other essential humanitarian assistance to the besieged and stranded Palestinian people, which pushes it to the brink of famine.”
South Africa said in its application that it had approached the court to “determine Israel's responsibility for violations of the Genocide Convention” but also to “ensure the most urgent and comprehensive protection for the Palestinians.”
The process is expected to take several years. But Pretoria is therefore calling on the court to announce urgent measures to “protect the Palestinian people in Gaza”, in particular by ordering Israel to “immediately end all military attacks”. South Africa also calls on Israel to refrain from forced relocations within the Gaza Strip or allow humanitarian aid to pass through. The judges will respond in the coming weeks.
Also read: South Africa denies any support for Hamas