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Synopsis

In a significant development, South Africa has initiated legal proceedings against Israel at the International Court of Justice (ICJ), the principal judicial organ of the United Nations. The application filed by South Africa asserts that Israel has breached its commitments under the Convention on the Prevention and Punishment of the Crime of Genocide concerning Palestinians in the Gaza Strip. This information is according to an official press release from the ICJ.

The press release states that South Africa argues that Israel's conduct, both in actions and omissions, is genocidal, indicating a deliberate intent to annihilate Palestinians in Gaza within the larger Palestinian national, racial, and ethnic group. South Africa maintains that Israel's behavior, involving state organs, agents, and other entities acting under its direction or influence, constitutes a violation of its responsibilities under the Genocide Convention.

The ICJ press release highlights that since October 7, 2023, Israel has allegedly failed to prevent genocide and prosecute direct and public incitement to genocide. It further accuses Israel of currently engaging in and potentially continuing genocidal acts against the Palestinian people in Gaza.

The legal proceedings have been initiated under Article 36, paragraph 1, of the ICJ Statute and Article IX of the Genocide Convention, to which both South Africa and Israel are parties. Additionally, the application includes a request for provisional measures under Article 41 of the ICJ Statute and Articles 73, 74, and 75 of the Rules of Court.

South Africa has urged the ICJ to indicate provisional measures aimed at preventing further, severe, and irreparable harm to the rights of the Palestinian people under the Genocide Convention. Its application also seeks measures to ensure Israel's compliance with its obligations under the Genocide Convention, preventing and punishing genocide.

For more details, the application filed by South Africa can be accessed [here].