South Africa Accuses Israel Of ‘Genocidal Intent’ In Gaza As Case Opens In The Hague

Hearings commenced Thursday at the International Court of Justice (ICJ) in The Hague as South Africa brings its case accusing Israel of committing genocide against Palestinians in Gaza.

The legal battle seeks urgent action from the United Nations court against Israel, which has denounced the allegations as “baseless” and akin to an “absurd blood libel,” asserting its actions are in self-defence against Hamas.

The ICJ, the UN’s highest judicial body, is set to hear both sides, each allotted roughly three hours to present their arguments. South Africa will lead on Thursday, followed by Israel’s response on Friday.

In an opening address, South Africa’s legal team said Israel was an “institutionalised regime of discriminatory laws, policies and practices designed and maintained to establish domination, subjecting the Palestinian people to apartheid on both sides of the Green Line.”

It continued: “Decade’s long impunity for widespread and systematic human rights violations has emboldened Israel in its recurrence and intensification of humanitarian crimes in Palestine. At the outset, South Africa acknowledges that the genocidal acts and omissions by the state of Israel inevitably form part of a continuum of illegal acts perpetrated against the Palestinian people since 1948. The application places Israel’s genocidal acts and omissions within the broader context of Israel’s 25-year apartheid, 56-year occupation and 16-year siege imposed on the Gaza Strip.”

The Genocide Convention, the basis of the case and against which the allegations will be measured, defines the crime as “acts committed with intent to destroy, in whole, or in part, a national, ethnical, racial or religious group.”

Since October 7th, over 23,000 Palestinians, including women and children, have reportedly been killed by Israeli forces in Gaza. The United Nations Relief and Works Agency (UNRWA) estimates that 1.9 million people have been internally displaced, and much infrastructure destroyed.

Israel’s military action in Gaza was triggered by Hamas attacks on southern Israel on October 7th, resulting in approximately 1,200 Israeli civilian deaths and the taking of 240 hostages, of whom just over 100 have been released.

The ICJ, distinct from the International Criminal Court (ICC), resolves disputes between countries and offers advisory opinions. Established in 1945 and based in The Hague, its upcoming ruling, though final and unappealable, faces uncertainties in enforcement, particularly regarding compliance.

The case, although open for two days of hearings, may span years, but an interim measure could emerge within weeks. South Africa’s immediate goal is to demonstrate the court’s prima facie jurisdiction and that the alleged acts, including the high death toll and forced displacement, constitute genocide. An adverse ruling against Israel could damage its reputation, international support for its campaign and set a legal precedent.