Back Suid-Afrika teen Israel (Volksmoordkonvensie) Afrikaans دعوى جنوب إفريقيا على إسرائيل Arabic Tužba Južnoafričke Republike za genocid protiv Izraela BS Sud-àfrica contra Israel (Convenció sobre el genocidi) Catalan Südafrika gegen Israel (Völkermordkonvention) German Sudafriko kontraŭ Israelo (Konvencio pri Genocido) Esperanto Sudáfrica contra Israel (Convención sobre Genocidio) Spanish پرونده نسل‌کشی آفریقای جنوبی علیه اسرائیل Persian Afrique du Sud c. Israël (convention contre le génocide) French An Afraic Theas v. Iosrael (Coinbhinsiún um Chinedhíothú) Irish

South Africa's genocide case against Israel

Not to be confused with ICJ case on Israel's occupation of the Palestinian territories, International Criminal Court arrest warrants for Israeli figures, or Trial of Benjamin Netanyahu.
See also: Gaza genocide
South Africa v. Israel
CourtInternational Court of Justice
Full case name Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel)
Started29 December 2023
TranscriptTranscript of South Africa's submissions regarding provisional measures

Transcript of Israel's submissions regarding provisional measures

The court's order regarding provisional measures
ClaimIsrael has committed, and is committing, genocidal acts and genocide against Palestinians in the Gaza Strip in violation of the Genocide Convention
Court membership
President
Associate judges
Keywords

South Africa v. Israel[1] is an ongoing case that was brought before the International Court of Justice on 29 December 2023 by South Africa regarding Israel's conduct in the Gaza Strip during the Israel–Hamas war, that resulted in a humanitarian crisis and mass killings.

South Africa alleged that Israel had committed and was committing genocide against Palestinians in the Gaza Strip, contravening the Genocide Convention, including what South Africa described as Israel's 75-year apartheid, 56-year occupation, and 16-year blockade of the Strip.[2] South Africa requested that the ICJ indicate provisional measures of protection, including the immediate suspension of Israel's operations.[3][4][5][6] Israel characterized South Africa's charges as "baseless", accusing the country of "functioning as the legal arm" of Hamas.[7][8] Israel said that it was conducting a war of self-defense in accordance with international law following the Hamas-led attack on its territory on 7 October 2023.[9]

Two days of public hearings were held on 11 and 12 January 2024 at the Peace Palace in The Hague.[10] The Court concluded that it is plausible that Israel's actions in Gaza Strip could amount to genocide and issued provisional measures,[11] in which it ordered Israel to take all measures to prevent any acts contrary to the 1948 Genocide Convention,[12][13][14] but did not order Israel to suspend its military campaign.[15] The court also expressed concern about the fate of the hostages held in the Gaza Strip[16] and recognized the catastrophic situation in Gaza.[17] In late February, Human Rights Watch and Amnesty International asserted that Israel had failed to comply with the ICJ's provisional measures and that obstructing the entry and distribution of aid amounted to war crimes.[18][19]

On 28 March 2024, following a second request for additional measures, the ICJ ordered new emergency measures, ordering Israel to ensure basic food supplies, without delay, as Gazans face famine and starvation.[20][21] On 24 May, by 13 votes to two, the court issued what some experts considered to be an ambiguous order but which was widely understood as requiring Israel to immediately halt its offensive in Rafah.[22][23][24][25] Israel rejected this interpretation and continued with its offensive operations.[26]

  1. ^ Application of Convention on Prevention and Punishment of Genocide (S. Afr. v. Isr.), Provisional Measures, ICJ General List No. 192 (24 May 2024) (order aff'g prev. provisional measures, indicating new provisional measures).
  2. ^ Powell, Anita (5 January 2024). "South Africa to Take Israel to Top UN Court on Genocide Claim in Gaza". Voice of America. Archived from the original on 6 January 2024. Retrieved 6 January 2024. In the court application, South Africa argues that the treatment of Palestinians also bears strong resemblance to South Africa's own racially motivated apartheid regime, which ended in 1994 with Mandela's election. "It is important," the submission reads, "to place the acts of genocide in the broader context of Israel's conduct towards Palestinians during its 75-year-long apartheid, its 56-year-long belligerent occupation of Palestinian territory and its 16-year-long blockade of Gaza, including the serious and ongoing violations of international law associated therewith, including grave breaches of the Fourth Geneva Convention, and other war crimes and crimes against humanity."
  3. ^ The request for provisional measures is made under Article 74 of the Rules of the Court Archived 6 January 2024 at the Wayback Machine, which states that "A request for the indication of provisional measures shall have priority over all other cases."
  4. ^ Cite error: The named reference ICJ_SA_proceedings_vs_IL_29Dec2023 was invoked but never defined (see the help page).
  5. ^ Human Rights Watch 2024.
  6. ^ Masweneng, Kgaugelo (5 January 2024). "Dikgang Moseneke to join bench of judges in Israel-Hamas world court case". TimesLIVE. Archived from the original on 14 January 2024. Retrieved 15 January 2024.
  7. ^ Cite error: The named reference X-Haiat-11Jan was invoked but never defined (see the help page).
  8. ^ "Israel: South African genocide claims at ICJ are baseless". The Jerusalem Post. 11 January 2024. Archived from the original on 21 January 2024. Retrieved 22 January 2024.
  9. ^ "War against Hamas in Gaza is act of self-defence, Israel tells world court". UN News. 12 January 2024. Archived from the original on 12 January 2024. Retrieved 21 January 2024.
  10. ^ "12 January press release: Conclusion of the public hearings held on Thursday 11 and Friday 12 January 2024" (PDF). International Court of Justice. 12 January 2023. Archived (PDF) from the original on 12 January 2024. Retrieved 13 January 2024.
  11. ^ Gaza: ICJ ruling offers hope for protection of civilians enduring apocalyptic conditions, say UN experts. OHCHR. 31 January 2024. "The ICJ found it plausible that Israel’s acts could amount to genocide and issued six provisional measures, ordering Israel to take all measures within its power to prevent genocidal acts, including preventing and punishing incitement to genocide, ensuring aid and services reach Palestinians under siege in Gaza, and preserving evidence of crimes committed in Gaza."
  12. ^ "Israel-Hamas War: Update from Patrick Kingsley". The New York Times. 26 January 2024. Archived from the original on 26 January 2024. Retrieved 26 January 2024.
  13. ^ Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel), Provisional Measures, Order of 26 January 2024.
  14. ^ Rajvanshi, Astha (26 January 2024). "U.N. Court Says Israel Must Prevent Genocidal Acts in Gaza, But Doesn't Order a Ceasefire". TIME. Archived from the original on 26 January 2024. Retrieved 26 January 2024.
  15. ^ "World Court stops short of Gaza ceasefire order for Israel". Reuters. 27 January 2024. Retrieved 27 January 2024.
  16. ^ "Gaza war: ICJ says Israel must prevent genocidal acts in Gaza". BBC News. Archived from the original on 26 January 2024. Retrieved 26 January 2024.
  17. ^ "Israel reined in by ICJ rulings on Gaza – but will it obey?". 26 January 2024. Archived from the original on 26 January 2024. Retrieved 26 January 2024 – via www.bbc.com.
  18. ^ Cite error: The named reference HRW111 was invoked but never defined (see the help page).
  19. ^ "Israel defying ICJ ruling to prevent genocide by failing to allow aid into Gaza". Amnesty International. 26 February 2024. Retrieved 25 May 2024.
  20. ^ "ICJ orders Israel to stop preventing 'delivery of urgently needed' aid". Al Jazeera. Archived from the original on 2 April 2024. Retrieved 2 April 2024.
  21. ^ "World court orders Israel to take action to address Gaza famine". Reuters. 28 March 2024.
  22. ^ Cite error: The named reference :16 was invoked but never defined (see the help page).
  23. ^ Wintour, Patrick (29 May 2024). "How a single comma is allowing Israel to question ICJ Rafah ruling". The Guardian. a directive widely seen to have instructed Israel to completely stop its military offensive
  24. ^ "Isolated Israel argues U.N. court ruling leaves door open to Rafah offensive". NBC News. 27 May 2024. It was widely viewed as an unambiguous statement: The top United Nations court ordered Israel to immediately halt its military assault on Rafah — a dramatic intervention that left the nation and its chief ally, the U.S., increasingly isolated on the world stage.
  25. ^ Haque, Adil. "Halt: The International Court of Justice and the Rafah Offensive". Just Security.
  26. ^ "Israel-Gaza: What does ICJ ruling on Israel's Rafah offensive mean?". www.bbc.com.

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