The International Court of Justice is set to commence hearings on South Africa’s accusation that Israel’s conflict with Hamas constitutes genocide against Palestinians. Israel vehemently denies the claim. South Africa is seeking an immediate suspension of Israel’s military operations in Gaza through a case expected to span several years.
This dispute delves into the core of Israel’s national identity, rooted in its establishment post the Holocaust, and South Africa’s comparison of Israeli policies to its own apartheid history. Despite Israel’s usual skepticism towards U.N. and international tribunals, it has assembled a robust legal team to defend its military actions initiated after the October 7 attacks by Hamas.
The preliminary hearings will start with South Africa’s lawyers outlining the alleged “genocidal” nature of Israel’s actions in Gaza and the call for an interim order to cease military operations. The court’s decision on this matter is anticipated in the coming weeks.
Israel’s offensive, according to Gaza’s Health Ministry, has resulted in the deaths of over 23,200 Palestinians, with a significant number being women and children. The U.S. Secretary of State, Antony Blinken, dismissed the case as “meritless” during his visit to Tel Aviv, emphasizing the ongoing threats to Israel.
While South Africa faces the challenge of proving genocide, legal experts express skepticism, citing the specific intent required by the genocide convention. Israel maintains that its military actions adhere to international law and target only Hamas, distancing civilians from enemy status.
The case centers on the genocide convention of 1948, with South Africa seeking to establish Israel’s responsibility for violations and ensure protection for Palestinians in Gaza. The hearing will feature arguments from both sides, with former British opposition leader Jeremy Corbyn among South Africa’s delegation, known for his support of the Palestinian cause and criticism of Israel.
