Israel faces legal action in The Hague over alleged ‘genocide’

South Africa has lodged an appeal with the International Court of Justice (ICJ) in The Hague, claiming that Israel’s actions in Gaza constitute “genocide” and requesting “provisional measures” to halt it, as announced by the top UN court on Friday.

The application asserts that Israel’s acts and omissions in Gaza are genocidal in nature, with the specific intent to destroy Palestinians as part of the broader Palestinian national, racial, and ethnic group.

The government of Pretoria stated that Israel’s conduct towards Palestinians in Gaza violates its obligations under the Genocide Convention.

South Africa further accused Israel of failing to prevent genocide and failing to prosecute direct and public incitement to genocide since October 7.

In addition, South Africa urged the ICJ to indicate provisional measures to safeguard Palestinians from further, severe, and irreparable harm under the Genocide Convention. The ICJ has also released an 84-page document outlining these measures, with the first being an immediate suspension of Israel’s military operations in and against Gaza.

Pretoria is also demanding that West Jerusalem ceases all attacks on Palestinians and rescinds any orders that aim to forcibly remove them from their homes or deny them access to basic necessities such as food, water, fuel, shelter, and medical supplies.

The appeal emphasizes that individuals who engage in direct and public incitement to commit genocide or conspire to do so must be held accountable and brought to justice.

South Africa has requested that Israel provide a report within one week detailing its compliance with these demands. According to the rules of the International Court of Justice (ICJ), South Africa’s application takes precedence over other cases due to the inclusion of a request for provisional measures.

It is worth noting that South Africa has previously attempted to charge Israel with war crimes at the International Criminal Court (ICC), although West Jerusalem is not a signatory to the ICC. However, the ICC has previously asserted its jurisdiction over Gaza and the West Bank, where both South Africa and Israel are located. Furthermore, both countries are signatories to the Convention on the Prevention and Punishment of the Crime of Genocide, which was established in 1948 in response to the mass murder of Jews during World War II by the Nazis.