South Africa has filed an appeal with the International Court of Justice (ICJ) in The Hague, claiming that Israeli activities in Gaza constitute “genocide” and requesting “provisional measures” to halt it, the top UN court stated on Friday.
According to the complaint, “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,” the International Court of Justice (ICJ) stated in a statement.
The Israeli government’s treatment of Palestinians in Gaza “violates its obligations under the Genocide Convention,” according to the Pretoria government. They also charged Israel of having “failed to prevent genocide” and “failed to prosecute direct and public incitement.”
South Africa also asked the ICJ to “indicate provisional measures” in order to “protect against further, severe and irreparable harm” to Palestinians under the Genocide Convention. The ICJ also published the 84-page document that lists these measures in detail, first of which is for Israel to “immediately suspend its military operations in and against Gaza.”
Pretoria further requests that West Jerusalem cease any attacks on Palestinians and withdraw any orders aimed at “the expulsion and forced displacement from their homes” or deprivation of food, water, fuel, housing, medical supplies, and other humanitarian requirements.
According to the appeal, everyone who engages in “direct and public incitement” to genocide or conspiracy to do it shall be brought to justice. South Africa required that Israel give a report on how it was meeting all of these demands within one week.
Because of the request for provisional remedies, South Africa’s application takes precedence over all other matters under the ICJ’s norms.
South Africa has already asked the International Criminal Court (ICC) to accuse Israel with war crimes. Although West Jerusalem is not a signatory to the ICC, the court, which is also situated in The Hague, has already determined that it had jurisdiction over Gaza and the West Bank.
South Africa and Israel, on the other hand, are both signatories to the Convention on the Prevention and Punishment of the Crime of Genocide, which was enacted in 1948 in reaction to the Nazi mass murder of Jews during WWII.
