SA files case against Israel at International Court of Justice for 'genocidal acts' in Gaza

South Africa has filed an application to institute proceedings against Israel at the International Court of Justice (ICJ).

The application concerns alleged violation by Israel of its obligations under the Genocide Convention in relation to Palestinians in the Gaza Strip. 

In a statement, the ICJ said according to the application by South Africa, “acts and omissions by Israel ... are genocidal in character, as they are committed with the requisite specific intent ... to destroy Palestinians in Gaza as a part of the broader Palestinian national, racial and ethnical group”. 

“Israel, since October 7 in particular, has failed to prevent genocide and has failed to prosecute the direct and public incitement to genocide,” said South Africa, adding “Israel has engaged in, is engaging in and risks further engaging in genocidal acts against the Palestinian people in Gaza”.

The ICJ said the application also contains a request for the indication of provisional measures to “protect against further, severe and irreparable harm to the rights of the Palestinian people under the Genocide Convention” and “to ensure Israel’s compliance with its obligations under the Genocide Convention not to engage in genocide, and to prevent and to punish genocide”.

The department of international relations and co-operation (Dirco) said in a statement South Africa was gravely concerned with the plight of civilians caught in the Israeli attacks on the Gaza Strip due to the indiscriminate use of force and forcible removal of inhabitants.

“Furthermore, there are ongoing reports of international crimes, such as crimes against humanity and war crimes, being committed as well as reports that acts meeting the threshold of genocide or related crimes as defined in the 1948 Convention on the Prevention and Punishment of Genocide have been and may still be committed in the context of the ongoing massacres in Gaza.”

Dirco said South Africa has repeatedly stated it condemns violence and attacks against civilians, including Israelis.

It said as a state party to the Convention on the Prevention and Punishment of the Crime of Genocide, South Africa is under a treaty obligation to prevent genocide from occurring.

At a special meeting on December 8 the cabinet directed that the ICJ in The Hague be approached to obtain an order directing Israel, which is also a state party to the convention, to refrain from any acts that may constitute genocide or related crimes under the convention.

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