South Africa will confront Israel at the UN’s highest court on Thursday, accusing the country of genocide against Palestinians in the Gaza Strip and demanding an immediate cessation of hostilities.
The UN’s International Court of Justice (ICJ) in The Hague, also known as the World Court, is holding a two-day hearing this week in a case filed in late December accusing Israel of failing to fulfil its obligations under the 1948 Genocide Convention.
South Africa and Israel are both parties to the Genocide Convention, which obliges them not to commit genocide and to prevent and punish it. The treaty defines genocide as “acts committed with intent to destroy, in whole or in part, a national, ethnical, racial, or religious group.”
In its court documents, South Africa refers to Israel’s inability to provide Gaza with food, water, medicine and other necessary humanitarian assistance. It also points to a prolonged bombing campaign that has killed more than 23,000 people, according to the Gaza Health Ministry.
Israeli government spokesman Eylon Levy stated ahead of the hearing that Israel “remains committed to and operates in accordance with international law” and stressed that all military action was directed against Hamas.
A decision on the extraordinary measures is expected later this month. In the meantime, the court will not rule on the genocide charges, as it will rule only on those charges in its final judgement, which is likely to be handed down in a few years.
The judgements of the International Court of Justice are final and not subject to appeal, but the court does not have the power to enforce them.
