January 15, 2024.
KAMPALA, Uganda | The International Court of Justice (ICJ) is currently deliberating South Africa’s allegations that Israel is committing genocide against the Palestinians in Gaza. The case stems from Hamas’s October 7th attack when hundreds of its gunmen crossed into southern Israel, resulting in the death of 1,300 people, mainly civilians, and taking 240 hostages back to Gaza.
Since Israel retaliated against Hamas, over 23,000 people, predominantly women and children, have lost their lives in Gaza, according to the Hamas-run health ministry. South Africa’s case argues that Israel’s actions and inactions are “genocidal in character,” intending to bring about the destruction of a substantial part of the Palestinian group.
The allegations encompass both active measures, such as airstrikes, and perceived failures, such as not preventing harm to civilians. Israeli public rhetoric, including statements from Prime Minister Benjamin Netanyahu, is cited as evidence of “genocidal intent.”
Under international law, genocide involves committing acts with the intention to destroy, in whole or in part, a national, ethnic, racial, or religious group. These acts include killing or causing serious harm, deliberately imposing conditions leading to physical destruction, preventing births within the group, and forcibly transferring children.
Israel vehemently denies the accusations, claiming that South Africa has presented a “profoundly distorted” view of hostilities, akin to that of Hamas. Israel’s defense argues that civilians were killed due to Hamas’s actions, including booby-trapping homes and misfiring rockets. The use of schools and hospitals by Hamas for military purposes, causing structural collapses, is also emphasized.
Tal Becker, the Israeli foreign ministry’s legal adviser, criticized South Africa’s portrayal as a “deliberately curated decontextualized and manipulative description” and rejected the application for provisional measures ordering a ceasefire as an “unconscionable request.”
The legal proceedings have delved into the nature of the conflict, with graphic details of the October 7th attacks by Hamas presented by Israel. Israel contends that any acts resembling genocide have been perpetrated against them.
The court is now tasked with assessing the evidence and arguments presented by both parties. The decision on whether provisional measures should be granted, including a ceasefire, is eagerly awaited and will hold significant implications for the ongoing conflict. The ICJ’s ruling may shape future international responses to conflicts of this nature.
