South Africa takes genocide case against Israel to ICJ
The Hague (Quds News Network) – In a historic move, South Africa’s genocide case against Israel kicks off at the International Court of Justice (ICJ) with two days of public hearings.
The case, filed by South Africa, refers to Israel’s genocide of the the Palestinian people in the Gaza Strip, citing the UN Genocide Convention. Over 23,000 people, including nearly 10,000 children, have been killed by Israel since October 7 in the Gaza Strip.
The application accuses Israel of killing civilians, mass expulsions, destruction of homes, and blockades on essential services, all constituting genocide.
The hearings, starting on January 11, 2024, focus on South Africa’s emergency request for the ICJ to order Israel out of Gaza and cease indiscriminate bombing.
If approved, the ICJ could issue an order in weeks. However, legal experts note the complexity of the case, with potential challenges due to Hamas not being a party in the suit.
The full judgment determining whether Israel committed genocide is expected to take years, similar to previous cases. The ICJ, consisting of 15 judges, will decide on jurisdiction, and both Israel and South Africa can appoint “ad hoc” judges.
The preliminary hearings will determine jurisdiction, and the main case will follow with detailed arguments and multiple hearings.
While ICJ judgments are legally binding, enforcement is a challenge. If Israel doesn’t comply, South Africa can approach the UN Security Council, where the US holds veto power.
The US has historically shielded Israel from punishment, posing a potential hurdle for the enforcement of any adverse judgment.
