International Court of Justice: Israel suspect for genocide in Gaza

On 29 December 2023, South Africa lodged a complaint with the global Court of Justice (ICJ) against Israel in connection with the genocide in Gaza. ICJ is the UN's main judicial body. It was established in 1945 to settle disputes between states. The Court acts according to its Statute, which is based on the Statute of the Permanent Court of global Justice and forms an integral part of the Charter of the United Nations. All members of the United Nations are ipso facto parties to the Statute of the global Court of Justice.

A public proceeding was held in The Hague on Thursday and Friday to analyse the ‘interim measures’ requested by South Africa. The complaint is accompanied by a request for emergency measures, including an order to end the war, beginning with the Hamas attack of 7 October. Pretoria calls on the ICJ to order Israel to halt killing and causing serious intellectual and physical harm to the Palestinian people in Gaza, to halt deliberately imposing surviving conditions aimed at causing physical demolition of them as a group and to let access to humanitarian aid. In the face of the death of more than 22 100 people in Gaza from mid-October to 3 January, Pretoria cites “its rights and obligations” to prevent genocide and “protect Palestinians in Gaza from destruction”. These rights and obligations are exercised under the 1948 United Nations Convention on the Prevention and punishment of Genocide Crimes. The Convention provides that states may take legal action to prevent genocide. It requires States Parties to the Convention to take measures to prevent and punish genocide crimes. This obligation, as well as the prohibition of committing genocide, is considered to be the standard of common global law and so applies to all states, regardless of whether they belong to 153 countries, including Israel, which have ratified the Convention. The interim measures requested by South Africa to end the war if taken by the ICJ will be legally binding.

Israel rejects all accusations of genocide.