Proceedings started last Thursday at the International Court of Justice (ICJ) concerning allegations that Israel is committing genocide in Gaza. This case has entered the international stage in the wake of the October 7 attack by Hamas on Israeli civilians, which prompted Israeli forces to instigate a comprehensive military operation in the Gaza Strip.
While South Africa is not an active participant in the unfolding conflict, its power to file this lawsuit against Israel resides in its membership with the United Nations, of which Israel is also a part, and their mutual participation in the Genocide Convention.
Representing South Africa in court, Adila Hassim made the harrowing assertion that Palestinians in Gaza are consistently exposed to bombing irrespective of their location. During the opening hearing, Hassim detailed the many environments in which Palestinians suffer fatalities, from their homes to institutions of sanctity like hospitals, churches, and mosques. Their admittedly dire quest for sustenance for their families has also reportedly been met with violent responses.
In making these accusations of genocide, South Africa paints itself as a spokesperson for a spate of nations concerned about these reports. Legal scholar and attorney, Tembeka Ngcukaitobi, pointed out during the same hearing that South Africa is not the only entity pointing fingers at Israel’s allegedly ‘genocidal rhetoric’ towards Palestinians in Gaza. A number of UN special rapporteurs and working group members have supposedly warned that the situation in Gaza might be a ‘genocide in the making’.
The lawsuit was introduced by South Africa last month via a formal complaint claiming Israel violated the Genocide Convention. As stated in the complaint, South Africa believes that “the acts and omissions by Israel complained of by South Africa are genocidal in character because they are intended to bring about the destruction of a substantial part of the Palestinian national, racial, and ethnical group… in the Gaza Strip”.
South Africa’s indictment includes several grim details, such as the alleged killing of thousands of Palestinians in Gaza, the infliction of grave mental and physical harm, the forced evacuation and displacement of approximately 85 percent of the local population, insufficient humanitarian protections, widespread dehydration and starvation, and even measures aimed at stopping Palestinian births in the area of conflict.
As an initial step, South Africa has asked the ICJ to implement provisional measures to shield the Palestinian rights in Gaza while the genocide complaint is being processed. Israel’s court response is anticipated this Friday.