ICJ examines complaint accusing Israel of genocide in Gaza

by Mohammed Salem, Nidal al-Mughrabi and Anthony Deutsch

GAZA/THE HAGUE (Reuters) – South Africa accused Israel of committing “genocidal acts” against the Palestinians and demanded that international justice impose an immediate end to the Israeli military campaign in the Gaza Strip on Thursday during the first of the hearing days devoted to the examination of his complaint against the Jewish state before the International Court of Justice (ICJ).

The land and air offensive launched by Israel after the Hamas attacks on October 7 aims to bring about “the destruction of the population” of the Palestinian enclave, South Africa affirmed before the main judicial body of the United Nations.

“This intention to destroy Gaza was encouraged at the highest levels of the state,” said Tembeka Ngcukaitobi, a lawyer at the South African High Court, accusing political and military leaders, including Prime Minister Benjamin Netanyahu, of being “inciters” to genocide.

“This is evident in the way this military offensive is being conducted,” he said.

Israel rejects these accusations of genocide, which it describes as baseless and accuses Pretoria of playing “devil’s advocate” on behalf of Hamas, responsible for the bloody attacks of October 7 which cost the lives of 1,200 Israelis.

Since then, raids carried out by Israel in the Gaza Strip transformed into a field of ruins have left more than 23,000 dead, according to figures from the Ministry of Health of the territory controlled by Hamas.

South African lawyers also recalled comments made at the start of the conflict by Israeli Defense Minister Yoav Gallant, claiming to impose a blockade on the enclave to fight “human animals”, according to them blatant proof of an “intention genocidal”.

DEMONSTRATIONS IN THE HAGUE

South Africa filed a petition with the ICJ in December arguing that Israel’s war against Hamas fighters in Gaza violates the 1948 Genocide Convention.

This treaty, adopted by the UN General Assembly, defines genocide as “acts committed with the intention of destroying, in whole or in part, a national, ethnic, racial or religious group”.

“Our opposition to the ongoing massacre of the people of Gaza has pushed us, as a country, to refer the matter to the ICJ,” South African President Cyril Ramaphosa explained on Wednesday.

“As a people who have tasted the bitter fruits of dispossession, discrimination, racism and state violence, we are clear: we will stand on the right side of History,” he added. .

South Africa concluded its presentation by calling for an emergency measure to suspend hostilities. “Nothing will stop the suffering except an order from this court,” said South African lawyer Adila Hassim.

Israel will present its response on Friday but Prime Minister Benjamin Netanyahu has already reacted to this first day of hearings by denouncing lies and accusing South Africa of hypocrisy.

“We are fighting terrorists, we are fighting lies,” the conservative leader said. “Today we saw the world turned upside down. Israel is accused of genocide when it is fighting against genocide.”

“Where was South Africa when millions of people were killed or driven from their homes in Syria and Yemen? By whom? By Hamas’ partners,” the head of the Israeli government said.

The ICJ is expected to rule on possible emergency measures later this month but will not rule on genocide allegations, a process that could take several years.

The decisions of the International Court are final and cannot be challenged on appeal, but it has no means of enforcing them.

The debate, however, has a strong symbolic significance and supporters of both camps demonstrated during the day in The Hague, where the court sits.

(With Bart Meijer in Amsterdam, Olivia Kumwenda in Johannesburg, Nidal al-Mughrabi in Doha and Dan Williams in Jerusalem; written by Stephanie van den Berg and Ingrid Melander; French version Camille Raynaud, Kate Entringer and Jean-Stéphane Brosse, edited by Blandine Hénault, Kate Entringer and Sophie Louet)