South Africa accuses Israel of breaching genocide law in International Court of Justice

South Africa commenced proceedings in the International Court of Justice (ICJ) against the State of Israel on 29 December last year, alleging the country is breaching the 1948 Convention on the Prevention and Punishment of the Crime of Genocide.

Both countries are members of the United Nations and bound by the Statute of the International Court of Justice, additionally both are parties to the Genocide Convention.

Under the 84-page brief, it’s alleged that acts and omissions by Israel are genocidal in character and are intended to bring about the destruction of a substantial part of the Palestinian national, racial, and ethnical group (“Palestinians in Gaza”).

It’s further alleged that acts (attributable to Israel) include killing Palestinians in Gaza, causing them serious bodily and mental harm, and inflicting on them conditions of life calculated to bring about their physical destruction.

“The acts are all attributable to Israel, which has failed to prevent genocide and is committing genocide in manifest violation of the Genocide Convention, and which has also violated and is continuing to violate its other fundamental obligations under the Genocide Convention, including by failing to prevent or punish the direct and public incitement to genocide by senior Israeli officials and others,” according to the ICJ request from SA.

“South Africa is also acutely aware of its own obligation – as a state party to the Genocide Convention – to prevent genocide. Israel’s acts and omissions in relation to Palestinians violate the Genocide Convention. That is the shared view of numerous other states parties to the convention, including the State of Palestine itself.”

In December last year, South Africa sent a note verbale to the Embassy of Israel in South Africa to raise its concerns about “credible reports of acts meeting the threshold of genocide” that have been or may still be committed in Gaza.

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On 3 January, South Africa further requested proceedings in front of the ICJ be expedited and provisional measures used to halt actions by Israel in Gaza that could violate the Genocide Convention or cause irreparable loss while the matter is being investigated by the court. The ICJ is expected to hear statements from both countries on 11 and 12 January this year.

“Israel, since 7 October 2023 in particular, has failed to prevent genocide and has failed to prosecute the direct and public incitement to genocide,” the ICJ statement reads.

“More gravely still, Israel has engaged in, is engaging in and risks further engaging in genocidal acts against the Palestinian people in Gaza. Those acts include killing them, causing them serious mental and bodily harm and deliberately inflicting on them conditions of life calculated to bring about their physical destruction as a group.

“Repeated statements by Israeli State representatives, including at the highest levels, by the Israeli President, Prime Minister, and Minister of Defence express genocidal intent.

“That intent is also properly to be inferred from the nature and conduct of Israel’s military operation in Gaza, having regard inter alia to Israel’s failure to provide or ensure essential food, water, medicine, fuel, shelter and other humanitarian assistance for the besieged and blockaded Palestinian people, which has pushed them to the brink of famine.

“It is also clear from the nature, scope and extent of Israel’s military attacks on Gaza, which have involved the sustained bombardment over more than 11 weeks of one of the most densely populated places in the world, forcing the evacuation of 1.9 million people or 85 per cent of the population of Gaza from their homes and herding them into ever smaller areas, without adequate shelter, in which they continue to be attacked, killed and harmed.

“Israel has reduced and is continuing to reduce Gaza to rubble, killing, harming and destroying its people, and creating conditions of life calculated to bring about their physical destruction as a group.”

The large-scale military assault and bombing of the Gaza Strip by Israel has drawn both significant support and substantial opposition internationally after Hamas militants initially killed more than 1,200 Israelis during surprise cross-border attacks and hostage taking on 7 October.

Closer to home, the Australian federal government has released a joint statement with Canada and New Zealand on 13 December, calling for Israel to respect international humanitarian law.

“We recognise Israel’s right to exist and right to defend itself. In defending itself, Israel must respect international humanitarian law,” Australian Prime Minister Anthony Albanese said.

“Civilians and civilian infrastructure must be protected. We are alarmed at the diminishing safe space for civilians in Gaza. The price of defeating Hamas cannot be the continuous suffering of all Palestinian civilians.

“We remain deeply concerned by the scale of the humanitarian crisis in Gaza and ongoing risks to all Palestinian civilians. Safe and unimpeded humanitarian access must be increased and sustained.

“We support Palestinians’ right to self-determination. We oppose the forcible displacement of Palestinians from Gaza, the re-occupation of Gaza, any reduction in territory, and any use of siege or blockade.

“We emphasize that Gaza must no longer be used as a platform for terrorism. We reaffirm that settlements are illegal under international law. Settlements and settler violence are serious obstacles to a negotiated two-state solution.

“We recommit ourselves to working with partners toward a just and enduring peace in the form of a two-state solution, where Israelis and Palestinians can live securely within internationally recognised borders.”

Sydney-based law firm Birchgrove Legal, has previously sent a letter of demand to PM Albanese on October 24 regarding the Australian Government’s Position on Palestine.

The law firm alleged government personnel or minister may have breached Australian domestic law or international law by ‘encouragement’ and ‘moral support’ of criminal actions committed by Israel.

“We are presently considering whether the Australian Government’s complicity in genocide and other crimes may be reflected in its… attempts to ‘cover up’ through avoidance of the issue, Israel’s genocide, public incitement to commit genocide and other international crimes since 7 October 2023,” the letter of demand said.

“Such political cover is based in Australia’s subservience to the US Government, which is currently supplying lethal weapons to Israel.

“Failure to condemn dangerous rhetoric both in Australia and emanating from Israel, that has put Palestinian civilians’ lives in peril since 7 October 2023. Selling weapons to Israel and maintenance of Australian Government military technology contracts with Israel.”