There is unease in a part of the international community that remembers that the same court took action weeks after Russia's invasion of Ukraine, opening a case and ordering interim measures against Moscow.
The International Criminal Court (ICC), also based in The Hague, is already investigating possible war crimes and crimes against humanity committed by both Hamas and Israel. But so far no action. The silence of international courts in the face of the deaths of thousands of people in Gaza is therefore the subject of criticism.
Now the South African application says: “Israel’s actions and omissions are genocidal in nature, as they were committed with the specific intention of destroying the Palestinians in Gaza as part of the broader Palestinian national, racial and ethnic group.”
The document continues: “Israel’s conduct towards the Palestinians in Gaza through its state organs, state agents and other persons and organizations acting under its instructions or under its direction, control or influence violates its obligations under the Genocide Convention. “
The South Africans further claim that “particularly since October 7, 2023, Israel has failed to prevent genocide and to prosecute direct and public incitement to commit genocide” and that “Israel has committed, is committed and is in danger of committing itself continue to participate in genocidal acts against the Palestinian people in Gaza.
South Africa wishes to base the Court's jurisdiction on Article 36(1) of the Statute of the Court and Article IX of the Genocide Convention, to which both South Africa and Israel are parties.