South Africa's ICJ Case Against Israel

In a significant legal development, South Africa has brought a case against Israel at the International Court of Justice (ICJ), asserting the Israel's genocidal acts in Gaza.

South Africa's Case

Background

Initiated on December 29, South Africa's case against Israel at the ICJ centers on assertions of "genocidal acts" during the Israeli assaults on Gaza. The South African government seeks to leverage the ICJ, the United Nations' highest legal body, to adjudicate on this matter, which they prove violates the 1948 Genocide Convention.

Claim: Genocidal Intent and Acts

1. Mass Killings

South Africa's legal team highlighted the mass killing of Palestinians in Gaza, emphasizing the high number of children among the casualties. They presented evidence of mass graves, pointing out that some families in Gaza have been entirely wiped out due to these actions.

SA's lawyer at ICJ genocide case

2. Bodily and Mental Harm

The infliction of serious mental and bodily harm on the people of Gaza was another critical point. South Africa underscored the extensive number of wounded and maimed individuals, most of them women and children, in a region where the health system has collapsed due to intense Israeli bombing.

Gaza is the most dangerous place in the world to be a child... I am furious that children recovering from amputations are bombed and killed in Nasser hospital. I am furious that more children, hiding somewhere, have limbs blown off every day

James Elder [UNICEF spokesman]

3. Forced Displacement and Food Blockade

Israel stopped the entry of food, water, electricity, fuel, and aid into Gaza, exacerbating the crisis. The UN denounced this as a form of collective punishment.

On November 10, intense bombing and armed pressure by Israel resulted in the displacement of approximately 200,000 Palestinians within Gaza from the north to the south. Overall, since October 7, the conflict has led to the displacement of over 1.6 million people from their homes. This mass displacement significantly strained the already fragile humanitarian situation in the region.

This migration was characterized by large groups of people, including families with children, the elderly, and those with disabilities, who fled on foot with minimal belongings, often waving white flags as a sign of their civilian status. Multiple videos have confirmed that Israeli soldiers fired at civilians, including those fleeing barefoot from the north waving white flags.

4. Destruction of Healthcare System

South Africa argued that Israel's military assaults have targeted Gaza’s healthcare system, rendering life unsustainable. The already crippled healthcare system has been overwhelmed by the need for life-saving treatment for the large number of injured.

Israel bombed Gaza's oldest hospital, Al Ahli Arab, on the 17th of October, 2023, killing nearly 500 people marking the highest death toll of any single incident in Gaza during the genocide. The victims were mostly displaced people seeking shelter in the hospital. On the day of the strike, the hospital was overwhelmed with about 1,000 to 3,000 people, as it and other medical facilities in Gaza had been crammed with casualties beyond their capacity since the Israeli airstrikes began.

Photo from live feed from outside the hospital after Israel airstrike attack

5. Preventing Palestinian Births

Lastly, the South African team asserted that Israel is obstructing life-saving treatment needed for delivering babies, which amounts to preventing births in Gaza, a genocidal act per the 1948 Genocide Convention.

In one of the most heart-wrenching consequences of the conflict, premature babies in Gaza's hospitals have faced dire circumstances. At al-Shifa Hospital, premature babies had to be evacuated amid intense conflict conditions. Some of these infants did not survive the ordeal. There have been reports of premature babies dying due to the lack of adequate medical care and the challenging conditions afflicted by Israel.

Genocidal Intent of Israel

Below are several statements made by current and former members of the Israeli government after October 7, which compellingly indicate an intention towards the genocide of Palestinians, rather than a focused engagement with resistance fighters. These statements highlight a disregard for the civilian population in Gaza, underscoring a lack of concern for the lives of women and children:

• We will turn Gaza into a deserted land
  
  Benjamin Netanyahu [Prime Minister of Israel]
• The emphasis is on damage and not on accuracy
  
  Daniel Hagari [IDF Spokeperson]
• We are fighting human animals, and we are acting accordingly
  
  Yoav Gallant [Minister of Defence of Israel]
• Human animals must be treated as such. You wanted hell, you will get hell
  
  Ghassan Alian [Israeli commanding officer]
• The children of Gaza have brought this upon themselves
  
  Merav Ben-Ari [Member of the Israeli Knesset]
• I'm very puzzled by the constant concern which the world ... is showing for the Palestinian people and is actually showing for these horrible inhuman animals
  
  Dan Gillerman [Former Israeli PR to UN]
• The only thing that should enter Gaza as long as Hamas doesn't release hostages it holds is not a gram of humanitarian aid, but hundreds of tons of explosives from the Air Force
  
  Itamar Ben-Gvir [Minister of National Security of Israel]

It's also crucial to highlight that, despite the absence of Hamas in the West Bank, Israeli forces have reportedly killed 340 Palestinians, including at least 84 children, and injured 3,949 people there from Oct 7 to Jan 10. This raises serious questions about the targets of these operations, given that Hamas, often cited as a primary reason for Israeli military actions, does not have a presence in the West Bank.

Some photos from Gaza Genocide (2023)

There are thousands of distrubing and graphic photos and videos but are not posted here due to copyright. Visit this page to get a glimpse of the horrors of Gaza genocide.

Israel's Response

Right to Self-Defense

Israel's legal team, led by Malcolm Shaw KC, claimed the right to self-defense in response to Hamas fighters' attacks on October 7. This argument, however, is contested. Critics argue that Israel, as an occupying force, cannot claim self-defense, citing a 2003 ICJ ruling. The United Nations and various human rights organizations challenge Israel's claim of not being an occupying power in Gaza.

In 2007, Israel imposed an air, land, and sea blockade on the Strip, contributing to severe economic and humanitarian crises, and putting restrictions on essential resources like electricity, water, and fuel. Israel state also built a concrete wall around the Gaza Strip, making it nearly impossible to enter or leave since then.

The United Nations and Amnesty International describe the Gaza blockade as a form of collective punishment of the entire population of Gaza, amounting to a war crime and inhumane treatment under international law.

Video of mass grave in Gaza (Nov 22, 2023)

Genocidal Intent

Israel's defense characterized South Africa's claim of an inherent intent to destroy the Palestinian people as based on "random assertions." However, several statements made by Israeli officials prove the genocidal intent as can be read here. Israel irrationally argues these statements have been taken out of context.

See the horrors of Gaza genocide

Response to Genocidal Actions

In response to claims of mass civilian killings, Israel's defense pointed to Hamas using civilians as human shields and efforts by Israeli troops to minimize civilian harm. Critics, however, have cited instances of unarmed civilians being shot, including a case where a Palestinian grandmother was killed while trying to evacuate.

Multiple videos have surfaced social media showing many Palestinian civilians, including women and children, were shot even though they were waving white flags.

Moreover, by 27 Jan 2024, the death toll of Hamas fighters is around 200, whereas that of Palestinian civilians is 26,083. The ratio itself indicates indiscriminate killing and genocidal nature.

Video shared by IDF soldiers showing them bomb Gaza, with displays of pride over their actions

Jurisdictional Challenges

Israel questioned the ICJ's jurisdiction, arguing that South Africa did not properly communicate with Israel before filing the case and that a prerequisite "dispute" between the two nations was not established. This question from Israel is meaningless.

Humanitarian Aid

Israel contended that allegations of a blockade on Gaza are inaccurate, citing the number of food aid trucks allowed into Gaza. However, this claim is disputed by reports from the UN and human rights organizations, which describe the blockade as more severe and longstanding.

The humanitarian situation in Gaza is extremely dire, with widespread reports of starvation and inadequate access to essential resources. The UN has repeatedly expressed deep concerns about the condition of civilians caught up in the conflict, emphasizing the escalating threat of starvation and disease in densely populated areas. This situation has been exacerbated by intense bombing campaigns, leading to a significant number of people fleeing to areas like Rafah, where they face inadequate supplies and shelter.

The starvation crisis in Gaza is so severe that the UN World Food Programme (WFP) has highlighted the norm of people skipping meals and the struggle for daily sustenance. The situation is particularly alarming for undernourished children, with half of Gaza’s population reportedly starving.

The UN health agency, WHO, has also warned of the imminent risk of communicable diseases due to the crisis. The numbers are staggering, with hundreds of thousands of people, including a significant number of pregnant women and children, facing crisis-level food insecurity.

Video shared from Gaza showing children waiting and trying to get some food

Next steps

After the public hearings at the International Court of Justice (ICJ), South Africa has requested the ICJ to issue several orders against Israel, including the suspension of military actions in Gaza, stopping forced displacement, and enabling humanitarian access.

The ICJ's decisions are legally binding, although it does not have an enforcement mechanism. "Provisional measures" in the case, which take priority, could be decided relatively quickly, possibly within a matter of weeks. These could range from ordering a temporary halt to the assault, allowing humanitarian aid, or obligating Israel to adhere to international law.

Final Verdict Date

It's difficult to determine the ICJ final verdict date as it's not issued by ICJ yet.

In the 2006 Bosnia vs. Serbia case, Bosnia accused Serbia of genocide during the Yugoslav Wars. The ICJ issued final verdict in 2007.

The 2019 Gambia vs. Myanmar case saw provisional measures implemented by the ICJ, urging Myanmar to stop committing genocide against the Rohingya, but a final verdict is yet to be issued.

It's estimated that South Africa vs. Israel case could last up to 4 years.

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