South Africa Challenges Israel in International Court for committing genocide towards Palestinian people

By Lené Sophia Strydom / GICJ

The International Court of Justice began its hearings on the 11th of January 2024, addressing South Africa's accusations of genocide by Israel against the Palestinian people. The South African legal team consisting of Adila Hassin, Tembeka Ngcukaitobi, John Dugard, and Max du Plessis discussed ongoing violations by Israel against Palestinians, particularly in Gaza. The case, based on up-to-date United Nations statistics as of January 9, 2024, underscores a series of alleged violations by Israel, including mass killings, bombings, and actions violating articles of the Geneva Convention. This legal action is rooted in a deeply troubling narrative of genocidal intent, as highlighted by various legal experts and authorities, and is set to shed light on the gravity of the situation, demanding international attention and accountability for the alleged atrocities committed against the Palestinian people in Gaza.

Adila Hassin presents updated UN statistics as of January 9, 2024, highlighting Israel's conduct violating multiple articles of the Geneva Convention. The speech details mass killings in Gaza, bombings by the Israeli army, and the loss of numerous Palestinian lives. Disturbing actions against Palestinian children, such as arrests and blindfolding, are mentioned, along with accusations of genocidal intent. Furthermore, Hassin compared the atrocities in Gaza to the Myanmar genocide against the Rohingya minorities, stating that “what we are seeing today is even more stark which demands the courts attention.”

Tembeka Ngcukaitobi emphasises genocidal intent by Israel, pointing to warnings from 15 UN Special Rapporteurs and 21 members of the UN Working Group, who consider the situation a genocide. Ngcukaitobi highlights the decimation of 1% of Palestinians in Gaza and cites declarations of genocidal intent by Israeli political leaders. Actions such as the clearance of infiltrated communities and discriminatory statements by Israeli soldiers are mentioned, emphasising the severity of the situation including “Woman is an enemy, baby is an enemy, pregnant women is an enemy”.

John Dugard discusses the logistics of bringing the case to court, noting that both South Africa and Israel are parties to the genocide convention without reservations. Despite historical relations between South Africa and Israel, South Africa referred Israel to the ICC on October 17. Dugard draws parallels between the Gaza Strip and a concentration camp, stressing that South Africa persistently accuses Israel of committing war crimes on multiple occasions.