On 29 December 2023, South Africa filed a lawsuit against Israel on charges of genocide in the Gaza Strip. The lawsuit, which was submitted to the International Court of Justice in The Hague, stated that since October 7 of last year, Israel had violated the Genocide Prevention Convention, committed acts aimed at ethnic cleansing in Gaza, and did not prevent public incitement to exterminate the Palestinians. As a result, officials rushed to publish various allegations stating that South Africa's lawsuit was not based on any valid foundations.
A Media Campaign Combating South Africa’s Accusation That Israel Committed Genocide
On January 3, U.S. National Security Council spokesman John Kirby commented on South Africa’s lawsuit, saying, “This lawsuit is baseless, counterproductive, and is not based at all on any facts.”
Following his footsteps, U.S. State Department spokesman Matthew Miller said that the United States does not consider any actions in the Gaza Strip to constitute genocide.
Meanwhile, Israeli government spokesman Elon Levy claimed that South Africa is complicit with Hamas and said, “South Africa is playing the role of devil’s advocate because of its criminal complicity with the bloodiest massacre of Jews since the Holocaust, and it will judge it without mercy.”
On January 2, i24 News hosted analyst Martin Hemel in an interview to respond to the lawsuit against Israel. Hemel reiterated that these accusations count as anti-Semitism and organized propaganda against Israel.
South Africa’s Case Against Israel at the Hague
The lawsuit submitted by South Africa to the International Court of Justice consists of 84 pages supported by evidence documenting practices by Israel that bear the character of genocide. The International Court of Justice is the highest legal body affiliated with the United Nations and differs from other courts, such as the International Criminal Court, which deals with war crimes directed against individuals, while the International Court of Justice deals with cases brought by countries to accuse other countries of violating United Nations treaties and conventions.
Both South Africa and Israel signed the Genocide Prevention Convention, which was adopted in 1948, following crimes committed in World War II. Which makes the Court of Justice the official jurisdiction body to consider the lawsuit filed by South Africa based on the treaty.
The Convention obliges all signing parties not only not to commit genocide, but also to punish it. According to legal experts, South Africa's lawsuit gained great importance due to the clarity and volume of evidence, and the fact that accusing Israel of committing genocide is a major shift in terms of violating the United Nations Convention on the Prevention of Genocide.
South Africa Accuses Israel of Committing Genocide in Gaza
In the lawsuit, South Africa presented clear evidence of Israel’s killing of large numbers of Palestinian civilians, especially children, which makes these crimes take on a collective nature. The lawsuit also included evidence of the widespread destruction of civilian homes and property, their exile and displacement, and the imposition of a comprehensive siege on the Gaza Strip to prevent the arrival of necessities, along with the systematic destruction of basic health infrastructure accompanied by official heated statements that openly encouraged the genocide of the population of Gaza, especially by Israeli officials.
At the preemptive of the lawsuit was a clear condemnation by South Africa of all acts of violence, which contradicts Israeli allegations that the lawsuit contains support or sympathy for any armed faction. The lawsuit focused on documenting the multiple acts of violence committed by Israel against civilians.
Contrary to claims that the case was not based on evidence, Francis Boyle, an international human rights lawyer who previously succeeded in winning two applications at the International Court of Justice under the 1948 Genocide Convention, said that South Africa will succeed in winning a verdict by the highest legal authority of the UN against Israel after a careful review of the documents submitted by South Africa to the International Court of Justice.
In the same manner, the Chief Editor of the Middle East Eye website stated that the document submitted by South Africa, prepared by experts in genocide operations, contains compelling and horrific evidence of committing genocide operations, which cannot be justified.
Although this is the first time that Israel has been tried before the International Court of Justice, this is not the first legal move that Israel has faced since the start of the war on the Gaza Strip. It was preceded by a complaint against Israel that was filed on November 9, 2023, in the court. However, what distinguishes South Africa’s case before the International Court of Justice is its reliance on the Genocide Prevention Convention, which Israel has signed.
For the first time in its history, Israel has agreed to appear before the International Court of Justice, in order to challenge the lawsuit filed against it by South Africa. The public hearing will be held at the Peace Palace in The Hague, Netherlands, on Thursday, January 11.
As the date of the first session of the trial approaches, Israeli newspapers are publishing video clips showing scenes of the inhumane treatment of civilians in Gaza, including broadcasting forced confessions to a group of naked civilians, and other clips showing the nature of genocide and war crimes, such as celebrations by Israeli soldiers that accompanied the bombing and destruction carried out by the Israeli army.
It is worth mentioning that several countries supported the lawsuit filed by South Africa against Israel, including Jordan. Bolivia also recently announced its support for the lawsuit as the first country in Latin America. The Malaysian Foreign Ministry also supported South Africa’s decision to file the lawsuit and said that it was a “concrete step” towards accountability.
Even though such lawsuits may take long periods, up to years, the lawsuit filed by South Africa includes a request from the International Court to issue urgent orders obliging Israel to suspend its military operations in the Gaza Strip. If a verdict is issued against Israel by the International Court of Justice, this will harm its international reputation and constitute a legal precedent.
Israel has launched a massive military operation in the Gaza Strip since October 7 of last year, and to this date, has claimed the lives of more than 23,000 people and injured more than 58,000, most of them are women and children, amid accusations that it is carrying out genocide operations.
The Palestinian Ministry of Health recently said in a statement that the Israeli occupation forces committed 17 massacres in the Gaza Strip, killing 249 people and leaving 510 wounded during the past 24 hours. Meanwhile, Ministry of Health spokesman Ashraf Al-Qudra said that famine, drought, and epidemics formed a triangle of death that besieged 1.9 million displaced people in shelters inside the Gaza Strip.
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