On Thursday, the first day of hearings at the UN’s International Court of Justice (ICJ), Israel faced accusations of committing acts of genocide against Palestinians in Gaza.
These allegations, as defined by the 1948 UN Genocide Convention, include the large-scale killing of civilians, particularly children, mass displacement and expulsion of Palestinians, destruction of their homes, and incendiary statements by Israeli officials, which are claimed to demonstrate an intent to destroy the Palestinian group.
In a significant hearing at the United Nations’ ICJ, South Africa has accused Israel of genocide against Palestinians in Gaza. The case, heard at the ICJ’s Peace Palace, stems from Israel’s military response to Hamas’s attacks on 7 October.
South Africa’s argument, articulated by their Justice Minister Ronald Lamola, asserts that Israel’s actions in Gaza, resulting in substantial Palestinian casualties, constitute genocide.
The submission specifically accuses Israel of “killing Palestinians in Gaza, causing them serious bodily and mental harm, and inflicting on them conditions of life calculated to bring about their physical destruction.” Lamola emphasised that no attack could justify breaches of the Genocide Convention.
Advocate Adila Hassim, also representing South Africa, argued that Israel’s infliction of serious bodily or mental harm to Palestinians in Gaza violates Article 2B of the Genocide Convention. She pointed out that the attacks have left close to 60,000 Palestinians wounded, with the healthcare system in Gaza near collapse.
Lawyer Tembeka Ngcukaitobi further supported the claim by citing instances of genocidal rhetoric within the Israeli Knesset, and accusations of systematic and explicit declarations of genocidal intent by Israel’s political leaders and military commanders. He presented a video showing Israeli soldiers chanting about erasing Gaza.
The ICJ, which cannot prosecute individuals for crimes such as genocide, will only deliver an opinion on the allegation. The case is being closely watched globally, given the gravity of the accusations and the potential implications of the court’s ruling.
The trial is expected to be a prolonged process. Drawing on similar cases in international law, it’s likely that the final judgment, especially on the complex issue of genocide, could take several years to be concluded. For instance, the case brought by The Gambia against Myanmar at the ICJ, which started in 2019, is still ongoing. Therefore, while interim measures or preliminary rulings may be issued relatively quickly, the comprehensive judgment on the core allegations could take an extended period to be fully resolved.
