Saturday, December 30, 2023

South Africa files case at ICJ accusing Israel of genocide


Helen Li
Fri, December 29, 2023 


Semafor Signals

Insights from Al Jazeera, Times of Israel, The Guardian
NEWS

South Africa on Friday filed a case in the International Court of Justice accusing Israel of committing genocide against Palestinians in Gaza, asking the UN court to issue an urgent order to stop the military campaign.

Israel’s foreign ministry responded with “disgust” to allegations that it violated the 1948 Genocide Convention, which was drafted in the wake of the Holocaust, accusing South Africa of “blood libel” and calling on the ICJ to reject the case.
SIGNALS
Semafor Signals: Global insights on today's biggest stories.
A "genocide" ruling may sway public opinion on the warSources: Reuters, The Guardian, ICJ

While the ICJ case will likely take years to resolve, South Africa has asked the court to meet in the next few days to issue provisional measures ordering a ceasefire. It says that Israel’s military actions – in which a reported 21,000 people have died – meet the threshold for genocide under the 1948 treaty, with the filing accusing Israel of attempting “to destroy Palestinians in Gaza as a part of the broader Palestinian national, racial and ethnical group.” Rulings by the UN’s top court – which was set up to resolve disputes between states – are supposed to be legally binding but often go ignored, as in the case of a March 2022 order for Russia to halt its military offensive in Ukraine. However, any designation of genocide will carry symbolic weight and is likely to “significantly sway public opinion”, the Guardian wrote.
Case marks a sharp downturn in relations between South Africa and IsraelSources: Reuters, Al Jazeera, Voice of America, Times of Israel

The case underscores the sharp downturn in relations between South Africa and Israel since the October 7 Hamas attack. Israel recalled its ambassador last month as lawmakers in Cape Town voted to shut down the Israeli embassy and suspend diplomatic ties until a ceasefire was agreed. South Africa has a deep historical affinity with Palestine – Mandela wore the keffiyeh, a symbol of Palestinian freedom, and diplomats have long drawn parallels between Israel’s policies in Gaza and the occupied West Bank with the White-imposed apartheid regime, a comparison Israel denies. Despite this, the two countries were seen as allies – but relations have plummeted amid the Gaza war, with South African President Cyril Ramaphosa last month likening the enclave to a “concentration camp” and referring Israel to the International Criminal Court for alleged war crimes.Once one of Israel’s most significant partners on the continent, South Africa has gradually come out as one of its most vituperative critics,” the Times of Israel wrote in November.

South Africa accuses Israel of genocide, seeks UN court intervention

Rebecca Rommen
Sat, December 30, 2023


South Africa has opened a case against Israel at the International Court of Justice, accusing it of genocide.

Israel responded to the proceedings application by calling it a "blood libel."

South Africa broke diplomatic ties with Israel in November and shut down its embassy in Pretoria.


South Africa has opened a case against Israel at the UN's International Court of Justice (ICJ), accusing the Jewish state of genocide.

The application instituting proceedings against Israel based on the basis of alleged violations of the "Genocide Convention" as Israel's military campaign on Gaza continues.

"According to the Application, 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," stated an ICJ press release.

While the resolution of any ICJ case typically takes years, South Africa urges the court to convene quickly and issue provisional measures, including a cease-fire.

South Africa's official proceedings application addressed to the Registrar of the ICJ in The Hague, in The Netherlands, requests that the Court indicate provisional measures "to ensure Israel's compliance with its obligations under the Genocide Convention not to engage in genocide, and to prevent and to punish genocide."

Such measures played a role in the ICJ's previous order to Russia to halt its offensive in Ukraine, although Moscow did not comply.

Citing Article IX of the Genocide Convention, which allows any state party to bring a case to the ICJ, South Africa stressed its right to address the situation, even without a direct link to the conflict.

Previous ICJ rulings, such as the Gambia's case against Myanmar, set a precedent for such claims.

South Africa wrote that "Israel, since 7 October 2023 in particular, has failed to prevent genocide and has failed to prosecute the direct and public incitement to genocide" and that "Israel has engaged in, is engaging in and risks further engaging in genocidal acts against the Palestinian people in Gaza."

The official document also condemns Hamas and other Palestinian armed groups for taking hostages and targeting civilians.

Israel's war against Hamas in Gaza began after thousands of gunmen invaded southern Israel on October 7, killing 1,200 people, abducting 240 hostages, and committing multiple terrorist atrocities, including mutilations and rapes.

In November, South Africa opted to suspend diplomatic ties with Israel. South African lawmakers voted to shut down the Israeli embassy in Pretoria.

Israel has vehemently rejected the accusations, labeling them as a "blood libel" and urging the ICJ to dismiss the case.

Israel's foreign ministry spokesperson criticized South Africa's case, dismissing it as a "despicable and contemptuous exploitation" lacking factual and legal grounds.


Yesterday, the IDF said that 168 Israeli soldiers had died in the ground operation in Gaza, per The Times of Israel. Over 20,000 Palestinians have been killed in Gaza, and at least 55,000 have been injured, per Al Jazeera.

One hundred Palestinians have been killed and 158 wounded in Israeli strikes in central Gaza during the past 24 hours, a senior health official in Gaza said on Saturday, per The Telegraph.


South Africa files ICJ case accusing Israel of 'genocidal acts' in Gaza

AFP
Fri, December 29, 2023 

People hold hands as they inspect buildings hit during Israel's bombardment in Rafah in the southern Gaza Strip on December 29, 2023 (-)


South Africa launched a case on Friday at the International Court of Justice (ICJ) against Israel for what it said were "genocidal" acts in Gaza, with Israel rejecting the case "with disgust."

According to a statement, the ICJ application related to alleged violations by Israel of its obligations under the Genocide Convention, and said that "Israel has engaged in, is engaging in and risks further engaging in genocidal acts against the Palestinian people in Gaza."

In The Hague application, South Africa also says that Israel has been acting "with the requisite specific intent... to destroy Palestinians in Gaza as part of the broader Palestinian national, racial and ethnical group."

Israel rejected the charge, with Israeli foreign ministry spokesman Lior Haiat writing on X, formerly Twitter: "Israel rejects with disgust the blood libel spread by South Africa and its application" to the ICJ.

The war started by the violent Hamas attacks on Israel is nearing its twelfth week, with vast areas of northern Gaza in ruins and Israeli air strikes and ground combat focusing on central and southern districts.

Hamas gunmen launched an attack on October 7 that left about 1,140 people dead, mostly civilians, according to an AFP tally based on Israeli figures.

The Palestinian militants also took about 250 people hostage -- more than half of whom remain captive inside the war zone, some of them believed dead.

Israel's relentless military campaign since then has killed more than 21,500 people, mostly women and children, according to the health ministry in Hamas-ruled Gaza.

- 'Irreparable harm' -

In the ICJ filing, South Africa asks the court to "protect against further, severe and irreparable harm to the rights of the Palestinian people".

South Africa has long been a vocal supporter of the Palestinian cause, with the ruling African National Congress (ANC) party often linking it to its own struggle against apartheid.

Pretoria has strongly condemned Israel's response to the Hamas attacks and has recalled all its diplomats from the country.

Israel in turn has recalled its ambassador in South Africa.

Decisions by the ICJ, which judges disputes between states, are final -- but it has no means of enforcing its decisions.

It can also order emergency measures pending the full resolution of cases, which can take many years.

In November five countries, including South Africa, called for an International Criminal Court investigation into the Israel-Hamas war.

ICC chief prosecutor Karim Khan said South Africa, Bangladesh, Bolivia, Comoros and Djibouti -- all ICC members -- had sought an investigation of "the situation in the state of Palestine".

jca/rox/jh


South Africa files genocide case against Israel at World Court

Our Foreign Staff
Fri, December 29, 2023

Israel’s relentless military campaign has killed at least 21,507 people
 - IDF/Shutterstock

South Africa launched a case at the International Court of Justice (ICJ) against Israel on Friday for what it said were “genocidal” acts in Gaza.

According to a statement, the ICJ application related to alleged violations by Israel of its obligations under the Genocide Convention, and said that “Israel has engaged in, is engaging in and risks further engaging in genocidal acts against the Palestinian people in Gaza”.

In application to the court, which has its seat in The Hague, South Africa also says that Israel has been acting “with the requisite specific intent … to destroy Palestinians in Gaza as part of the broader Palestinian national, racial and ethnic group”.

No date has been set for a hearing, while Israel rejected the charge.

Lior Haiat, a spokesman for the Israeli foreign ministry, wrote on X, formerly known as Twitter, that “Israel rejects with disgust the blood libel spread by South Africa and its application” to the ICJ.

Victims of an Israeli army strike outside a hospital in Rafah in the southern Gaza Strip - Mohammed Abed/Getty

While the ICJ is considered the UN’s highest court, its rulings are sometimes ignored. In March last year the court ordered Russia to immediately halt its military campaign in Ukraine.

The war started by the violent Hamas attacks on Israel is nearing its 12th week, with vast areas of northern Gaza in ruins and Israeli air strikes and ground combat focussing on central and southern districts.

Hamas terrorists launched an attack on Oct 7 that left about 1,140 people dead, mostly civilians, according to an AFP tally based on Israeli figures.

The Palestinian militants also took about 250 people hostage, more than half of whom remain captive inside the war zone, some of them believed dead.

Israel’s relentless military campaign since then has killed at least 21,507 people, mostly women and children, according to the health ministry in Hamas-ruled Gaza.

South Africa has backed the Palestinian cause for statehood in Israeli-occupied territories for decades, likening the plight of Palestinians to those of the black majority in South Africa during the repressive apartheid-era, a comparison Israel vehemently denies.

In filing to U.N. world court, South Africa accuses Israel of genocide in Gaza

Ehren Wynder
Fri, December 29, 2023

A Palestinian man mourns over the shrouded bodies of loved ones who have been killed in Rafah during Israel's ongoing bombardment in Gaza on Friday. South Africa filed a case Friday to the United Nations' International Justice Court accusing Israel of genocide in its occupation of Gaza. Photo by Ismael Mohamad/UPI


Dec. 29 (UPI) -- South Africa filed a case Friday to the United Nations' International Justice Court accusing Israel of genocide in its occupation of Gaza.

According to Friday's filing, the South African government described Israel's acts as "genocidal in nature" and are committed with the intent to "destroy Palestinians in Gaza as as a part of the broader Palestinian national, racial and ethnical group."

The filing also said Israel's actions are in violation of its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide.

"Israel, since [Oct. 7] in particular, has failed to prevent genocide and has failed to prosecute the direct and public incitement to genocide," the statement read.

In its filing, South Africa asked the court to indicate provisional measures to "protect against further, severe and irreparable harm to the rights of Palestinian people under the Genocide Convention," and to "ensure Israel's compliance with it's obligations under the Genocide Convention."

Israeli Ministry of Foreign Affairs Spokesperson Lior Haiat posted on X that Israel "rejects with disgust the blood libel spread by South Africa in its application to the International Court of Justice."

Haiat said the claim lacks a factual and legal basis, and "South Africa is cooperating with a terrorist organization that is calling for the destruction of Israel."

Israel expanded its Khan Younis operations Thursday, targeting what it characterized as Hamas infrastructure. Gaza health officials said 187 more Palestinians were killed and 312 were injured in the past 24 hours, bringing total number of casualties to 21,507 dead and 55,915 injured since the Israeli incursion into Gaza began on Oct. 7.


South Africa accuses Israel of genocide in complaint to World Court

Alex Woodward
Fri, December 29, 2023 


South Africa has urged the United Nations International Court of Justice to declare Israel in breach of its obligations to the 1948 Genocide Convention as the death toll in Gaza climbs to more than 20,000.

The complaint at the World Court at The Hague on Friday alleges “acts and omissions by Israel” in Gaza “are genocidal in character” and have been committed with “the requisite specific intent” to “destroy Palestinians in Gaza as a part of the broader Palestinian national, racial and [ethnic] group”.

Following Israel’s devastating retaliatory military campaign in the beleaguered strip after Hamas attacks in Israel on 7 October, Israel has “failed to prevent genocide and has failed to prosecute the direct and public incitement to genocide,” according to the filing.

“Israel has engaged in, is engaging in and risks further engaging in genocidal acts against the Palestinian people in Gaza,” South Africa has asserted.

The filing asks the court to implement provisional or short-term measures to halt Israel’s campaign in an urgent effort “to protect against further, severe and irreparable harm to the rights of the Palestinian people”.

Israel has condemned the suit.

“Israel has made it clear that the residents of the Gaza Strip are not the enemy, and is making every effort to limit harm to the non-involved and to allow humanitarian aid to enter the Gaza Strip,” according to a statement from Israel’s foreign ministry.

A hearing has not yet been scheduled but is expected within the coming days or weeks.

South Africa has long criticised Israel’s campaign in Gaza and has repeatedly compared Israel’s treatment of Palestinians and occupied territories to that of its own violent apartheid-era past.

Last month, South Africa pushed for the International Criminal Court at The Hague to investigate Israel’s actions in Gaza.

That court prosecutes nations for war crimes, crimes against humanity and genocide, while the International Court of Justice settles disputes between nations.

South African officials said in a statement that the country is “gravely concerned with the plight of civilians caught in the present Israeli attacks on the Gaza Strip due to the indiscriminate use of force and forcible removal of inhabitants.”

Officials said “There are ongoing reports of international crimes, such as crimes against humanity and war crimes, being committed” as well as other acts that meet the threshold of genocide under the UN’s Convention on the Prevention and Punishment of the Crime of Genocide, and which “may still be committed in the context of the ongoing massacres in Gaza.”

Last week, the United Nations Security Council narrowly approved a resolution pressing for the urgently needed passage of humanitarian aid into Gaza after more than two months of attacks.

Following several days of negotiations led by the United States, the council stopped short of a resolution calling for an immediate cessation of violence, instead approving a watered-down measure to avoid a veto from the US, which has blocked previous UN attempts to stem the violence.

The long-delayed vote in the 15-member council on 22 December was 13-0. The US and Russia ultimately abstained from voting.

A final version did not include demands for a ceasefire or any immediate pause in the fighting, making it unlikely that the measure to support the flow of aid into Gaza – which is largely in Israel’s control – will slow the violence that has killed thousands of Palestinians, including more than 8,000 children, according to Gaza’s health ministry.

On Thursday, Israeli forces reportedly shot at a UN convoy of armoured vehicles in central Gaza after it was returning from aid deliveries in the north.

“Israeli soldiers fired at an aid convoy as it returned from northern Gaza along a route designated by the Israeli Army,” according to Thomas White, the Gaza director for the United Nations Relief and Works Agency for Palestine Refugees in the Near East. No injuries were reported.

“Aid workers should never be a target,” Mr White said.

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