South Africa filed its application with the International Court of Justice alleging Israel of genocide in Gaza. Their 84-page submission asserts that acts and omissions by Israel constitute genocide and violated the 1948 Genocide Convention.
Israel immediately dismissed the suit as “blood libel.” A ruling from the ICJ could have significant legal, multilateral economic, and security ramifications.
a genocide?
Genocide is an act against humanity defined as “intention to destroy, in whole or part, any national, ethnical, racial or religious group as such” according to the United Nations 1948 Genocide Convention. This differs from hate crimes which can also cause great pain and suffering but which aren’t motivated by an intent to exterminate a group as such.
South Africa’s accusations against Israel regarding Gaza war genocide as “meritless blood libel.” John Kirby, spokesperson of National Security Council criticized this case at press briefing Wednesday.
South Africa filed a suit at the International Court of Justice, or ICJ, in The Hague asking judges to order Israel immediately cease its military operations in Gaza. A decision could come down as soon as weeks or months. It’s one of several cases heard at ICJ related to Gaza conflict.
What is a genocidal intent?
South Africa has requested provisional measures from the court that would exert pressure on Israel to cease its military campaign in Gaza. In order to qualify, states must demonstrate that their actions violate obligations set out in the Genocide Convention and that these violations have the potential of leading to “generalised destruction” of an ethnic, racial or religious group.
The International Court of Justice, which is headquartered in the Netherlands, does not possess the power to issue sanctions or criminal prosecutions, but its opinions carry considerable clout among other international bodies and are seen as credible arbitrators for global disputes.
Though South African’s case against Israel may appear like an afterthought to its lawyers, it is no simple legal document. Instead, it is an 80-page claim which seeks to establish Israeli intent for genocide in Gaza. Furthermore, they assert jurisdiction of the ICJ over this dispute as it concerns Israel’s obligations as a state party to take measures to prevent genocide known as an “erga omnes partis” argument.
What is a war crime?
War crimes are defined as violations of international and customary laws governing warfare and armed conflict, such as those found in multilateral treaties and conventions such as Rome Statute of International Criminal Court (ICC). Common examples include torture; willfully inflicting great suffering or bodily harm upon civilians without justification from military necessity; extensive destruction or confiscation of private property not justified by military necessity, as well as collective punishments.
South Africa has accused Israel of genocide in a lengthy submission to the International Court of Justice (ICJ), alleging acts with genocide-like intent during its war against Gaza. Public hearings will take place January 11 and 12 for Pretoria’s lawsuit, although White House officials have dismissed it as “meritless, counterproductive and completely lacking any basis in fact”.
What is a crime against humanity?
Since the Nuremberg trials, crimes against humanity have been punished through international tribunals, domestic courts, and to some degree by customary international law. Like genocide, crimes against humanity include killing members of a group, inflicting severe physical harm upon them or creating living conditions intended to bring about their physical annihilation.
South Africa’s 80-page claim to the International Court of Justice (“ICJ”) did not come out of nowhere on 29 December; South African lawyers labored tirelessly to craft an argument demonstrating Israel’s intent for genocide against Palestinians. Their lawyers provided ample proof by including public statements by cabinet ministers, Knesset members and military commanders that directly reference their intent: such as labelling Palestinians “human animals”, making threats about rendering Gaza permanently inhabitable or suggesting ethnic cleansing is needed to support their claims.
The International Court of Justice will first assess whether they have jurisdiction to hear your case, before holding public hearings where both sides present their arguments. Once it has made its ruling on preliminary measures, they will begin reviewing your full case.
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