Providng a compelling case in the International Court of Justice, South Africa has accused Israel of committing genocide against the Palestinian people. What is the goal and what could the outcome be?
Today marks the start of a two-day hearing at the International Court of Justice (ICJ), in which Israel is accused of committing genocidal acts against the Palestinian people of Gaza.
South Africa filed the motion on December 29th, prompting a hearing by fifteen judges elected by the UN General Assembly as well as the UN Security Council. Israel’s legal team was also present in the courtroom and will present its defence tomorrow.
The motion accuses Israel of breaching the rules of the 1948 UN Genocide Convention, to which Israel and South Africa are both parties. All 153 state signatories of the treaty hold the collective right to prevent or stop instances of genocide, but only South Africa has moved to raise the red flag.
Given that they would likely be deemed complicit if Israel is found guilty, it is unsurprising that both the UK and US have refused to back South Africa’s case.
On that note, let’s get an understanding of South Africa’s goal, some of the evidence presented by its lawyers, as well as possible outcomes.
Understanding the lengthy and difficult process of proving genocidal intention in court, South Africa asked the fifteen judges to formally recognise the genocidal nature of the actions committed by Israel’s government and military.
Its lawyers requested that the UN court order an emergency suspension to Israel’s military campaign in order to ‘protect against further, severe and irreparable harm to the rights of the Palestinian people under the genocide convention, which continues to be violated with impunity.’
If fulfilled, this order will not only will this prevent further genocidal acts from occurring, but will also ensure humanitarian aid – which Israel has sparsely allowed to pass through Gaza’s borders – to provide medical supplies, food, water, and other essential items Palestinians so desperately need.
While South Africa certainly believes Israel is committing genocide in Gaza, such cases are notoriously difficult (and time-consuming) to prove.
This is because proving acts of genocide requires evidence of intent on the part of perpetrators to physically destroy a national, ethnic, racial or religious group.
As the linked NPR article states, ‘you have to get into the mind of the perpetrator, as opposed to being a look-in at the circumstantial evidence that we can see with our own eyes and ears.’
So what evidence did South Africa present?
In court, it was the job of South Africa’s lawyers to justify their reason for invoking the genocide convention.
To do so, they explicitly decided against showing the graphic videos and images many of us have seen on our social media and news feeds. They instead read out a series of devastating facts and figures well-documented by the United Nations and World Health Organisation.
The lawyers pointed out that in less than 100 days of bombardment, more than 23,300 Palestinians have been killed by Israeli forces – 1 percent of Gaza’s total population. Of those killed, 70 percent are women and children. A further 7,000 people are missing, presumed dead under the rubble.
It was also highlighted that, at the current rate of bombardment, at least 247 Palestinians – 117 of them children and 48 of them mothers – will continue to be killed each day. An estimated 629 people will be wounded, many of whom are already critically injured and seeking safety.
Amongst other gut-wrenching statistics, the lawyers stated that at least 10 Palestinian children will be forced to have one or both legs amputated to save them from life-threatening injuries, many without anaesthesia.
It was also noted that the number of children who have become orphans since Israel’s assault on Gaza began has led to the need for a new humanitarian acronym: WCNSF – wounded child, no surviving family.
Over 1.9 million people have been displaced, with many taking refuge in a strip of land called Al-Mawasi in the south of Gaza. This area is smaller than the size of London’s Heathrow Airport.
Following evacuation orders from the Israeli army or as a result of infrastructure elsewhere in Gaza being completely obliterated by bombing, 85 percent of Palestinians have become refugees in their own home nation.
Last but not least, four out of five people experiencing famine in the world are located in Gaza, while others are at risk of dying medically preventable deaths from rampant illness and disease current spreading throughout refugee camps.
The countries supporting South Africa’s claims of genocide against Israel:
Bolivia, Belgium, The Maldives, Venezuela and Namibia, Afghanistan, Albania, Azerbaijan, Bahrain, Bangladesh, Benin, the United Arab Emirates (UAE), Brunei Darussalam, Burkina Faso, Algeria, Djibouti,…
This may seem damning enough, but South Africa’s lawyers did not stop there.
The next set of evidence may be the most worrying for Israel’s defence team, as it highlights a series of inflammatory statements made by senior Israeli officials during the war.
South Africa’s representatives argue that the language used across Israel’s military campaign – including calls to ‘erase Gaza’ and referring to those in Gaza as ‘the Amalek‘ – has been aimed at dehumanising Palestinian people and inciting genocide.
Here, video evidence – documented and shared online by IDF soldiers themselves – were presented. One video show a large group of Israeli soldiers chanting ‘there are no uninvolved civilians’ while others show IDF soldiers rummaging through homes in Gaza, setting fire to food supplies, and dancing on top of piles of rubble.
These pieces of evidence, combined with ‘the killing of civilians in large numbers, especially children; the expulsion and displacement of Palestinians en masse and the destruction of their homes; the inciting statements by several Israel officials portraying Palestinians as sub-humans to be collectively punished, all constitute genocide and show proof of intent,’ South Africa alleges.
Although the ICJ is not able to charge individuals for crimes against humanity, it may trigger the International Criminal Court (ICC) to hold a far more in-depth investigation and assessment of the case in the future.
It may take years before this type of conclusion is reached, but experts say the ongoing court hearing could successfully achieve in bringing a halt to Israel’s relentless attack on Gaza within weeks.
On the other hand, it’s possible that nothing may happen.
Experts believe that once the case reaches the UN Security Council, the US is likely to veto it. This is because a scenario in which Israel is found guilty of genocide could also implicate US leaders who supplied the Israeli military with its arms.
If global protests in support of Palestinian freedom are anything to go by, this potential outcome is likely to cause global outrage.
For many, it may well call into question what, exactly, the purpose of international governing bodies like the UN, ICJ, and ICC is.
Observing the bigger picture
Left unchecked, Israel’s unprecedented 96-day attack on Gaza has wider implications for current and future generations.
Though anyone not immediately impacted by war, bombardment, or occupation may believe that they will never be affected by these things, any instance where genocidal acts can be carried out without intervention from the UN or ICCJ suggests that global leaders and military figures may do as they please without fear of scrutiny.
If we live in that reality, none of us are ever truly protected when faced with injustice.
When a country’s military can obliterate another’s landscape, expel its residents from their homeland, obliterate every member of multi-generational families, and deprive anyone still surviving of their human rights to water, food, and shelter – all while being unchecked or unquestioned – it’s hard to argue that our universal and legal agreements regarding the concept of human rights are being severely undermined.
In court, South Africa’s legal representatives were sure to point this out. They declared that this case is a prime opportunity for the International Court of Justice to show why the genocide convention was created in the first place – and to honour the humanitarian values agreed upon by global countries and written in international law.
There is something extremely poetic about South Africa, a country which has become unified while still bearing the scars of its 46-year-long apartheid, being the first to stand in true solidarity with Palestinians in Gaza.
While the rest of the world’s most powerful leaders voted against or abstained entirely from voting for an end to Israel’s bombardment, South Africa spoke out – even despite its remarkable historical alliance with Israel.
Today, South Africa’s solidarity has provided a glimmer of hope for international humanitarian justice and, most of all, for the Palestinian people.
Deputy Editor & Content Partnership ManagerLondon, UK
I’m Jessica (She/Her). I’m the Deputy Editor & Content Partnership Manager at Thred. Originally from the island of Bermuda, I specialise in writing about ocean health and marine conservation, but you can also find me delving into pop culture, health and wellness, plus sustainability in the beauty and fashion industries. Follow me on Twitter, LinkedIn and drop me some ideas/feedback via email.
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