1/1/24, 1:23 PM South Africa files ICJ case accusing Israel of 'genocidal acts' - BBC News

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South Africa files ICJ case accusing

Israel of 'genocidal acts'
29 December 2023

Israel-Gaza war

EPA-EFE/REX/SHUTERSTOCK

By Daniel De Simone and Alys Davies

in Johannesburg and London

South Africa has filed a case at the International Court of Justice (ICJ)
alleging that Israel is engaging in "genocidal acts" in Gaza.

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1/1/24, 1:23 PM South Africa files ICJ case accusing Israel of 'genocidal acts' - BBC News
The UN court confirmed the application concerning alleged violations of
Israel's obligations under the Genocide Convention.

Israel has strongly rejected the allegation, calling it "baseless".

"Israel rejects with disgust the blood libel spread by South Africa", the foreign
ministry said.

The ICJ, which is based in the Hague in the Netherlands, is the UN's principal
judicial organ. It settles disputes between states and gives advisory opinions
on international legal issues.

Following its application to the ICJ, South Africa's presidency said in a

statement that the country was obliged "to prevent genocide from occurring".

"South Africa 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," it said.

"Furthermore, there are ongoing reports of international crimes, such as

crimes against humanity and war crimes, being committed as well as reports
that acts meeting the threshold of genocide or related crimes... have been and
may still be committed in the context of the ongoing massacres in Gaza."

The 84-page document states that the "acts and omissions by Israel" are
"genocidal in character because they are intended to bring about the
destruction of a substantial part of the Palestinian national, racial and ethnical
group".

The application asks the ICJ for a hearing to take place next week and
requests that a number "provisional measures" be indicated by the court,
including that Israel cease all military activities in Gaza.

Lior Haiat, a spokesman for Israel's foreign affairs ministry, said South Africa's
claim "constitutes despicable and contemptuous exploitation of the Court."

He said South Africa was "cooperating with a terrorist organisation that is

calling for the destruction of the State of Israel" and said Hamas was
"responsible for the suffering of the Palestinians in the Gaza Strip by using
them as human shields and stealing humanitarian aid from them".

"Israel is committed to international law and acts in accordance with it, and
directs its military efforts only against the Hamas terrorist organization and
the other terrorist organizations cooperating with Hamas," Mr Haiat said.

"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."

Why are Israel and Hamas fighting in Gaza?

South Africa has been highly critical of Israel's military operation in Gaza.

In early November, it recalled all of its diplomats from Israel. Israel, in turn,
recalled its ambassador from Pretoria.

In addition, the South African national assembly voted to suspend all

diplomatic relations with Israel, but the government has not yet formally
responded to the vote.

South Africa previously filed a referral to a different court, the International

Criminal Court (ICC), relating to alleged war crimes by Israel in Gaza. The ICC ​
investigates and tries individuals charged with genocide, war crimes, and
crimes against humanity. Israel does not recognise the ICC.

The current war between Israel and Hamas was triggered by the 7 October
Hamas attack on southern Israel, which killed about 1,200 people - most of
them civilians - and saw about 240 others taken hostage.

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1/1/24, 1:23 PM South Africa files ICJ case accusing Israel of 'genocidal acts' - BBC News
More than 21,500 people have been killed in Gaza - mostly children and
women - during Israeli retaliatory attacks on Gaza, according to the Hamas-
run health ministry.

Related Topics

Middle East Israel-Gaza war Israel South Africa

International Court of Justice Africa

More on this story

Israel recalls its ambassador from South
Africa

21 November 2023

Israel-Hamas conflict exposes South

Africa's divisions

7 November 2023

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