South Africa urges ICJ to declare Israel in breach of Genocide Convention over Gaza crackdown

South Africa has approached the International Court of Justice (ICJ) seeking an urgent order asserting that Israel’s actions against the Palestinian group ‘Hamas” in Gaza violate the 1948 Genocide Convention. 

The filing alleges Israel’s breach of obligations under the treaty, designed post-Holocaust to prevent attempts to destroy a people.

Israel, dismissing the suit as “baseless,” faces South Africa’s request for provisional measures to halt its Gaza military campaign, emphasising the necessity to protect the rights of the Palestinian people from further harm.

Despite the ICJ’s status as the UN’s highest court, its rulings are at times disregarded. The court has not set a hearing date. 

In its initial response, Israel’s foreign ministry blamed Hamas for Palestinian suffering, accusing the group of using human shields and misappropriation of humanitarian aid.

The conflict began on October 7 when Hamas militants launched a cross-border attack on Israel, resulting in casualties and hostages. 

According to a report filed by Reuters, Israel’s response, an assault on Gaza, has led to significant casualties, with contrasting figures from Israel and Palestinian health officials.

Palestine, recognised by the court as having “observer state” status, welcomed South Africa’s legal action. 

Meanwhile, Israel has maintained that Gaza residents are not the enemy and accuses Hamas of exploiting them.

This move is said to be part of South Africa’s escalating pressure on Israel, following recent parliamentary votes in favor of closing the Israeli embassy in Pretoria and suspending diplomatic ties. 

The government, represented by the Department of International Relations and Cooperation (DIRCO), accused Israel of failing to prevent genocide since October 7, 2023.

South Africa’s historical support for the Palestinian cause, drawing parallels with its apartheid era, intensifies tensions with Israel. 

Simultaneously, the International Criminal Court (ICC) in The Hague is separately investigating alleged atrocities in Gaza and the West Bank, despite Israel’s non-membership and rejection of the ICC’s jurisdiction.