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View of the Peace Palace, which houses the headquarters of the International Court of Justice, in The Hague, Netherlands, on September 19, 2023.
CNN –
South Africa has applied to the International Court of Justice to initiate genocide proceedings against Israel over its war against Hamas in Gaza, the court said on Friday.
In its application, South Africa accuses Israel of a “breach of its obligations under the Genocide Convention” and argues that “Israel's actions and omissions… are genocidal in nature because they are committed with the requisite specific intent… to destroy Palestinians in Gaza.” , said the ICJ.
Over 21,507 people have been killed in Gaza since October 7, according to the enclave's Hamas-controlled health ministry. According to the United Nations Relief and Works Agency for Palestinian Refugees, at least 308 people who had sought refuge in United Nations emergency shelters were among the dead.
Israel has rejected South Africa's claims and application to the World Court, saying through its Foreign Ministry that South Africa “calls for the destruction of the State of Israel and that its claim lacks both factual and legal basis.”
“Israel is committed to and acts in accordance with international law and directs its military efforts only against the terrorist organization Hamas and the other terrorist organizations collaborating with Hamas,” the statement said, adding that it “has made every effort to to limit the damage.” to those bystanders and to enable humanitarian access to the Gaza Strip.”
Israel's airstrikes and ground attacks on Gaza in response to Hamas' deadly terror attacks and wave of kidnappings on October 7 have wreaked widespread havoc across the densely populated coastal strip and sparked an outcry from aid groups and the international community.
US President Joe Biden said earlier this month that Israel was involved in “indiscriminate bombing” in the Gaza Strip. U.S. intelligence estimates suggest that nearly half of the air-to-surface munitions used by Israel in its war against Hamas in Gaza were unguided bombs, also known as “dumb bombs.” Unguided munitions are typically less precise and can pose a greater threat to civilians.
Many of the bombs used in Gaza were also powerful, capable of killing or injuring people at distances of more than 300 meters, an analysis by CNN and artificial intelligence company Synthetaic found.
Supporters of Israel's campaign in Gaza argue that such heavy munitions act as bunker busters and contribute to the destruction of Hamas' underground tunnel infrastructure. However, such bombs are typically used sparingly by Western militaries, experts say. International humanitarian law prohibits indiscriminate bombing.
South Africa's request came as the Israeli military announced on Friday that it was expanding operations in the southern Gaza Strip, where civilians had previously been ordered to seek refuge. It also claimed to have destroyed a network of tunnels and one of Hamas leader Yahya Sinwar's “hideout apartments.” CNN cannot independently verify the IDF's claims.
“South Africa is deeply concerned about the plight of civilians affected by the current Israeli attacks on the Gaza Strip due to the indiscriminate use of force and the forcible displacement of residents,” South Africa's Ministry of International Relations said in a statement released on Friday and collaboration.
“In addition, there are ongoing reports of the commission of international crimes, such as crimes against humanity and war crimes, as well as reports that acts that rise to the threshold of genocide or related crimes within the meaning of the Convention on the Prevention and Punishment of the Crime of Genocide of 1948.” Acts have been and may continue to be committed in connection with the ongoing massacres in Gaza,” it said.
“As a state party to the Convention on the Prevention and Punishment of the Crime of Genocide, South Africa has a treaty obligation to prevent genocide.”
According to the International Court of Justice, also known as the World Court, which is the principal judicial body of the United Nations, South Africa and Israel are parties to the Genocide Convention.
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Smoke rises from Israeli bombardment over Khan Younis, seen from Rafah, Gaza, on December 16.