Israel-Gaza war
Nation calls on international court to issue interim measures ordering ceasefire; Israel calls case a “blood libel”
Fri Dec 29, 2023 21:08 GMT
South Africa has initiated proceedings against Israel at the United Nations International Court of Justice (ICJ), accusing the state of committing genocide during its military operation in Gaza.
Israel responded “with disgust” to the allegations, calling South Africa’s case a “blood libel” and calling on the International Court of Justice to reject it.
It will likely take years for each case to be resolved at the International Court of Justice, but South Africa has called for the court to meet in the next few days to issue “interim measures” and call for a ceasefire. In March 2022, the ICJ ordered Russia to halt its offensive in Ukraine, an order that was supposed to be legally binding, but Moscow ignored it anyway. However, such a decision is likely to have a significant impact on international public opinion.
“Israel’s actions and omissions complained of by South Africa are genocidal in nature because they are intended to bring about the destruction of a significant part of the Palestinian national, racial and ethnic group,” says the South African application for the opening of proceedings.
“In this case, interim measures are necessary to protect against further, serious and irreparable damage to the rights of the Palestinian people under the Genocide Convention, which continue to be violated with impunity.”
Article IX of the Genocide Convention allows any state party to the convention to bring a case against another to the International Court of Justice, even if the case has no direct connection to the conflict in question. Last year the court ruled that Gambia could bring genocide charges against Myanmar. The court also ruled in a case between Croatia and Serbia that depriving a people of food, shelter, medical care and other means of subsistence constitutes genocide.
“Genocidal intent is considered the most difficult element to prove, but the Israelis responsible for prosecuting this conflict have made a plethora of statements that easily demonstrate the requisite intent to 'destroy in whole or in part' the Palestinian population in Gaza,” Susan said Akram, director of the international human rights clinic at Boston University.
As examples, Akram pointed to Israeli Defense Minister Yoav Gallant's reference to Palestinians in Gaza as “human animals” and Israeli Army Major Ghassan Alian's subsequent statement: “Human animals must be treated as such.” There will be no electricity and no water give [in Gaza], there will only be destruction. You wanted hell, you’re going to get hell.”
Iva Vukušić, assistant professor of international history at Utrecht University, said: “With over 21,000 dead in Gaza, [the South Africans] I believe it is time to refer the situation to the courts. The Genocide Convention allows them to do this because states around the world don’t have many places to turn in such situations, especially since the Security Council is so polarized and dysfunctional.”
South African President Cyril Ramaphosa with Moulana Abudul Khaliq Allie of the United Ulama Council of South Africa at a press conference. Photo: Roberta Ciuccio/AFP/Getty Images
The International Criminal Court (ICC) is already investigating possible war crimes and crimes against humanity committed by both Hamas and Israel. While the ICC can prosecute individuals, the ICJ is an arena for adjudicating conflicts between states.
“The ICJ’s interim measures are legally binding, but enforceability is always the issue,” said Victor Kattan, assistant professor of international law at the University of Nottingham. “Ultimately, enforcement always falls to the political organs of the UN and they are paralyzed. But it’s still symbolic and I would imagine it’s embarrassing that Israel is facing a genocide charge given its history.”
Lior Haiat, Israeli Foreign Ministry spokesman, immediately dismissed South Africa's case on social media.
“Israel rejects with disgust the blood libel spread by South Africa in its application to the International Court of Justice,” Haiat said on X, formerly Twitter. “South Africa’s lawsuit has no basis in both fact and law and represents a despicable and contemptible exploitation of the court.”
“South Africa is cooperating with a terrorist organization that calls for the destruction of the state of Israel,” he added, referring to Hamas, whose Oct. 7 massacre of hundreds of Israeli civilians sparked the war in Gaza.
“I think it is fair to say that many states are now using appeals to the International Court of Justice as part of their fight to control global narratives about wars and crises,” said Richard Gowan, UN director at the International Crisis Group. “Addressing the court and using the word 'genocide' is a powerful way to frame international debates about a conflict. What is noteworthy, however, is that the court has unfortunately failed to stop the violence in Myanmar or Ukraine. There is a risk that the ICJ will become another platform for public diplomatic disputes and insults, similar to the UN General Assembly.”
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