South Africa has lodged an appeal with the International Court of Justice (ICJ) in The Hague, accusing Israel of committing “genocide” in Gaza. The appeal seeks “provisional measures” from the ICJ to halt these actions. South Africa alleges that Israel’s treatment of Palestinians violates the Genocide Convention and accuses Israel of failing to prevent or prosecute acts of genocide since October 7.
The appeal urges the ICJ to implement provisional measures to safeguard Palestinians from further harm under the Genocide Convention. These measures, outlined in an 84-page document by the ICJ, include immediate cessation of Israel’s military operations in Gaza. South Africa also demands that Jerusalem cease all attacks on Palestinians and revoke orders aiming to displace them from their homes or deny access to basic necessities such as food, water, shelter, and medical supplies.
The statement was titled: “The Republic of South Africa institutes proceedings against the State of Israel and requests the Court to indicate provisional measures.”
It reads in part: “South Africa today filed an application instituting proceedings against Israel before the International Court of Justice (ICJ), the principal judicial organ of the United Nations, concerning alleged violations by Israel of its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide (the “Genocide Convention”) in relation to Palestinians in the Gaza Strip.
According to the Application, “acts and omissions by Israel . . . are genocidal in character, as they are committed with the requisite specific intent . . . to destroy Palestinians in Gaza as a part of the broader Palestinian national, racial and ethnical group” and that “the conduct of Israel — through its State organs, State agents, and other persons and entities acting on its instructions or under its direction, control or influence — in relation to Palestinians in Gaza, is in violation of its obligations under the Genocide Convention”.
“The Applicant further states that “Israel, since 7 October 2023 in particular, has failed to prevent genocide and has failed to prosecute the direct and public incitement to genocide” and that
“Israel has engaged in, is engaging in and risks further engaging in genocidal acts against the Palestinian people in Gaza”.
“South Africa seeks to found the Court’s jurisdiction on Article 36, paragraph 1, of the Statute of the Court and on Article IX of the Genocide Convention, to which both South Africa and Israel are parties.
“The Application also contains a Request for the indication of provisional measures, pursuant to Article 41 of the Statute of the Court and Articles 73, 74 and 75 of the Rules of Court.
“The Applicant requests the Court to indicate provisional measures in order to “protect against further, severe and irreparable harm to the rights of the Palestinian people under the Genocide Convention” and “to ensure Israel’s compliance with its obligations under the Genocide Convention not to engage in genocide, and to prevent and to punish genocide”.
“Pursuant to Article 74 of the Rules of Court, “[a] request for the indication of provisional measures shall have priority over all other cases”.
Anyone who engages in “direct and public incitement” to genocide or conspiracy to commit it must be brought to justice, the appeal insists. South Africa demanded Israel submit a report on complying with all these demands within one week.
Meanwhile, according to RT, South Africa’s application holds precedence over other cases at the ICJ due to its request for provisional measures.
South Africa has previously attempted to accuse Israel of war crimes at the International Criminal Court (ICC). While West Jerusalem isn’t a party to the ICC, the court, also situated in The Hague, has asserted its jurisdiction over Gaza and the West Bank in earlier instances.
Conversely, both South Africa and Israel are signatories to the Convention on the Prevention and Punishment of the Crime of Genocide, established in 1948 as a response to the mass killing of Jews by the Nazis during World War II.
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