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International Court of Justice hears South Africa's genocide case against Israel

By RFI
South Africa REUTERS - IBRAHEEM ABU MUSTAFA
JAN 11, 2024 LISTEN
REUTERS - IBRAHEEM ABU MUSTAFA

The International Court of Justice (ICJ) is to hold its first hearing in a genocide case against Israel brought by South Africa over the Jewish state's military assault on the Gaza Strip.

The filing to the ICJ, the highest legal body of the United Nations, alleges that Israel “has engaged in, is engaging in and risks further engaging in genocidal acts against the Palestinian people in Gaza".

Since 7 October, when Hamas gunmen launched an attack Israel that left about 1,140 people dead, mostly civilians, and took some 250 people were hostage – more than half of whom remain captive inside the war zone – Israel has killed more than 21,500 people in Gaza, mostly women and children, according to the health ministry in territory, which is ruled by Hamas.

South Africa accuses Israel of specifically intending to “destroy Palestinians in Gaza as part of the broader Palestinian national, racial and ethnical group".

Israel has described the allegations as "baseless", “disgusting” and intended to stir up lethal hatred of Jews.

Stakes high

The unprecedented case marks the first time Israel has been tried under the United Nations Genocide Convention that was drawn up after WWII following the atrocities committed against the Jewish people during the Holocaust.

The case could determine the course of the Gaza war.

While dozens of countries, many of them Arab or Islamic nations, support the case, Israel's Western allies, including the European Union, have mostly remained silent.

The Unites States has been vocally opposed.
And inside Israel, while the public firmly support the military's offensive in Gaza, support for Prime Minister Benjamin Netanyahu has fallen sharply.

Concern is mounting about the financial toll of the conflict, which is costing the Israeli economy hundreds of millions of dollars a day.

South Africa's connection 

South Africa has long been a vocal supporter of the Palestinian cause, with the ruling African National Congress party often linking it to its own struggle against apartheid.

Pretoria has strongly condemned Israel's response to the Hamas attacks and has recalled all its diplomats from the country.

Israel in turn has recalled its ambassador in South Africa.

Both Israel and South Africa are signatories to the UN Genocide Convention, which gives the ICJ jurisdiction to rule on disputes.

While its decisions are final, the court has no means of enforcing them.

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