Last week, South Africa initiated legal proceedings against Israel at the International Court of Justice (ICJ) in The Hague to put global pressure on Israel to cease the relentless and deadly bombardment of the Gaza Strip, which commenced on October 7, 2023, killing nearly 23,000 people, including a substantial number of children.
In a 84-page submission to the ICJ on December 29, South Africa presented evidence of the brutality unfolding in Gaza and urgently appealed to the United Nations tribunal to declare that Israel has violated its international obligations since the commencement of hostilities.
This legal action is the latest in a series of steps taken by Pretoria in response to the war, including vocal condemnation of Israel's attacks on Gaza and the West Bank, recalling its ambassador from Israel, referring the Palestinian suffering to the International Criminal Court (ICC), and calling for an extraordinary meeting of BRICS nations to address the crisis.
The ICJ however, focuses on individual criminal responsibility rather than state actions.
South Africa has accused Israel of committing genocide in Gaza, invoking the 1948 Genocide Convention.
The suit lists genocidal actions such as mass killings, home destruction, expulsion, displacement, and imposing a blockade on essential supplies.
Additionally, South Africa said that Israel has hindered Palestinian births by destroying critical health services for pregnant women and babies, all with the aim of annihilating the Palestinian community.
Pretoria also holds Israel responsible for failing to prevent and prosecute incitement to genocide, pointing to statements from Israeli officials justifying the killings and destruction in Gaza.
A noteworthy aspect of South Africa's petition is the urgent plea to the ICJ to prevent Israel from committing further crimes in the Gaza Strip, possibly by issuing an order to halt its invasion.
While the ICJ has expressed its intention to prioritize this request, no specific timeline has been provided.
South Africa cited statements from Israeli officials, including Prime Minister Benjamin Netanyahu, as evidence of genocidal intent.
Netanyahu's likening of Palestinians to the biblical Amalek, a nation that the Israelites were instructed to destroy, is particularly cited.
Other statements portraying the people of Gaza as a force of "darkness" and Israel as a force of "light" are also presented as evidence.
It is crucial to note that both Israel and South Africa are parties to the ICJ, meaning that its rulings are binding on both nations.
However, the ICJ lacks enforcement power, and past orders have been ignored without serious consequences.
The case draws parallels with The Gambia's 2019 petition against Myanmar over atrocities against the Rohingya people, showcasing the limitations of the ICJ's ability to enforce its decisions.
In March 2022, a month after Russia invaded Ukraine, Kyiv filed a case against Russia at the Court. In that case, Ukraine also asked the ICJ to lay down emergency measures to stop Russia’s aggression. The court did indeed order Moscow to halt military operations shortly after, stating that it was “profoundly concerned” by the assault on Ukraine. Nevertheless, more than a year later, the war in Europe continues.