South Africa has accused Israel of genocide against Palestinians in the Gaza Strip at the UN's highest court. The lawsuit filed on Friday at the International Court of Justice (ICJ) in The Hague also calls on Israel to stop its attacks on Gaza, the ICJ said. The actions of the Israeli army had a “genocidal character”, as they aimed to exterminate the Palestinians in the region.
South Africa is citing the United Nations Genocide Convention in its case, as both it and Israel have signed the convention. The Johannesburg government has traditionally maintained good relations with the Palestinian territories. South African politicians have repeatedly drawn comparisons to past apartheid policies in their own country.
According to its statute, the ICJ must resolve conflicts between States as peacefully as possible. Their judgments are generally binding. However, UN judges do not have the power to force a State to implement it. But it can appeal to the UN Security Council to take action on the matter.
Israel immediately and firmly rejected South Africa's allegations. “South Africa's lawsuit has no basis in fact or law,” an Israeli Foreign Ministry spokesperson wrote on X, formerly Twitter, on the evening of Friday. “South Africa is collaborating with a terrorist organization (Hamas) that calls for the destruction of the State of Israel.” Hamas is solely and exclusively responsible for the suffering of Palestinians in the Gaza Strip. By combating Hamas militarily, Israel is doing everything it can to keep harm to the civilian population as low as possible.
According to its statute, the ICJ must resolve conflicts between States as peacefully as possible. Their judgments are generally binding. However, UN judges do not have the power to force a State to implement it. But it can appeal to the UN Security Council to take action on the matter.
Lawyers in The Hague assume there could be an initial hearing on South Africa's claims within weeks. If the ICJ then opens the corresponding case, it could still be years before a verdict is reached.
The ICJ was last referred to the ICJ in March 2022 by the Kiev government in connection with Russian aggression against Ukraine due to an alleged violation of the 1948 Genocide Convention. Russian lawyers argued at the ICJ that the charge was untenable. Kiev is trying to abuse the court with false accusations.
Ukraine's lawsuit accuses Russia of justifying the invasion with the false claim that the Russian population in the eastern Ukrainian regions of Luhansk and Donetsk needed to be protected from genocide. In reality, it was Russian troops who committed crimes against humanity in Ukraine. According to experts, this process can also take years. Ukraine is supported by more than 30 other states, including Austria.