NEWS ANALYSIS: South Africa Invokes Genocide Convention Against Israel
The former apartheid nation has formally called on the ICJ to investigate Israel's genocide. This move obligates all signatories to the convention to act accordingly.
On Friday, December 29th 2023, South Africa declared that Israel is committing genocide against the Palestinian people in Gaza. The nation launched a case against Israel in the International Court of Justice (ICJ), the judicial organ of the United Nations that adjudicates disputes between countries. South Africa and Israel are bound by the court as they are members of the UN.
In the court application, South Africa is calling for an investigation into Israel’s violation of the 1948 Genocide Convention through its military operation in Gaza. South Africa further described Israel’s actions as “genocidal in character because they are intended to bring about the destruction of a substantial part of the Palestinian national, racial and ethnical group”. One of many indications of Israel intentions of full-scale destruction of Gaza is its repeated use of 2000 (900kg) pound bombs being used in densely populated areas, including areas in which Palestinians were told to move for safety. Israelis have told the media that they deliberately target the civilian population and infrastructure - known to the IDF as “power targets” - in an attempt to “shock” the population.
The report states:
South Africa is also aware that acts of genocide inevitably form part of a continuum — as Raphael Lemkin who coined the term ‘genocide’ himself recognised. For this reason it is important to place the acts of genocide in the broader context of Israel’s conduct towards Palestinians during its 75-year-long apartheid, its 56-yearlong belligerent occupation of Palestinian territory and its 16-year-long blockade of Gaza, including the serious and ongoing violations of international law associated therewith, including grave breaches of the Fourth Geneva Convention, and other war crimes and crimes against humanity.”
As well as:
The facts relied on by South Africa in this application and to be further developed in these proceedings establish that — against a background of apartheid, expulsion, ethnic cleansing, annexation, occupation, discrimination, and the ongoing denial of the right of the Palestinian people to self determination — Israel, since 7 October 2023 in particular, has failed to prevent genocide and has failed to prosecute the direct and public incitement to genocide. 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.
This comes as the human rights group Euro-Med monitor reports that Israel has killed an estimated 30,000 Palestinians in Gaza, including nearly 12,000 children (This includes those presumed dead who are trapped under rubble). Euro-Med monitor further cites 1.9 million Palestinians have been displaced with Gaza.
Human Rights watch further notes that evidence shows that Israel is using starvation as a weapon against civilians in Gaza. Israeli officials have explicitly stated their intent to destroy Gaza and deny resources to 2.3 million Palestinians. Israel has clearly lived up to those statements by deliberately denying the delivery of water, fuel, and food, as well as destroying agriculture and impeding humanitarian aid. Soldiers on the ground are documenting their abuse and dehumanization of Palestinians, describing their work of “exterminating the roaches.” The genocidal character of Israel’s current military operation in Gaza is clear.
Israel has responded to South Africa’s application by stating South Africa is engaging in “blood libel”. This response is typical of Israel’s weaponization of antisemitism in order to deflect legitimate, well-founded accusations of genocide and apartheid.
As many commentators have noted, even if the ICJ does rule against Israel and even though the bodies decisions are legally binding, it is difficult to enforce a decision once made. That power resides within the United Nations Security Council, where the US has opted to use its veto power to run cover for the state of Israel. But even with these limitations, this is an important moment in the conflict. A ruling from a critical international court will put more pressure on public opinion and other international bodies to act in the interests of truth and justice. Activists in the US have a special responsibility to use this moment to organize and push for change.