South Africa presents its genocide case against Israel to the International Court of Justice. Here's what you need to know so far
The International Court of Justice (ICJ) is in the first of its two-day hearings in a South African case accusing Israel of genocide against Palestinians in Gaza.
It is an unprecedented case. Experts say it is the first time the Jewish state will be tried under the United Nations Genocide Convention, which was drawn up after World War II in light of atrocities against the Jewish people during the Holocaust.
Here's what you need to know now:
What is the case? South Africa is suing Israel at the International Court of Justice, also known as the World Court, over allegations that the country is committing genocide against Palestinians in Gaza and has failed to prevent or punish the genocide. South Africa will make its case this Thursday and Israel will defend itself next Friday.
What does Israel say? Israel has firmly rejected the accusation, calling it an “absurd blood libel.” President Isaac Herzog said on Tuesday there was “nothing more outrageous and absurd” than South Africa's claim.
Israel will file a lawsuit “in self-defense,” he said, to show that it is doing “everything possible” under “extremely complicated circumstances” to avoid civilian casualties in the Gaza Strip in the war against Hamas.
What does South Africa want? South Africa describes Israel's actions in the Gaza Strip as genocide “because they aim to bring about the destruction of a significant part of the Palestinian national, racial and ethnic group.”
South Africa has asked the court to issue “interim measures” ordering Israel to end its war, which it said was “necessary in this case to protect against further, serious and irreparable damage to the rights of the Palestinian people.” . An interim measure is a temporary order to stop action or a court order pending a final decision.
It could take years for a genocide verdict to be proven, but the Gaza war precaution that Pretoria, the capital of South Africa, has requested from the International Court of Justice could come much sooner.
What has happened in court so far? South Africa's Justice Minister Ronald Lamola said: “South Africa has unequivocally condemned the attacks on civilians by Hamas, other groups and Palestinians and the hostage-taking on October 7, 2023.”
But, he argued, “no armed attack on the territory of a State, however serious… even an attack involving atrocities, can constitute any justification or defense for violations of the Convention,” and added that “Israel's response “The 7th attack in 2023 has exceeded this limit and leads to violations of the convention.”
Adila Hassim, one of South Africa's defenders, noted that Palestinians in Gaza “were killed when they could not be evacuated, in the places to which they fled, and even when they tried to escape through declared safe routes. “of Israel.” .
“The scale of the killings in Israel is such that no place in Gaza is safe,” he said, adding that the destruction was “beyond any acceptable legal, let alone human, justification.”
Another lawyer representing South Africa, Tembeka Ngcukaitobi, said there was an “extraordinary feature” in this case: “Israel's political leaders, military commanders and people holding official positions have consistently and in explicit terms declared their genocidal intent.”
He referred to statements by Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant.
He said these statements “are then repeated by soldiers on the ground in Gaza as they engage in the destruction of Palestinians and Gaza's physical infrastructure.”