South Africa denounces Israel for “genocide” before the International Court of Justice

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The International Court of Justice (ICJ) said this Friday that it has received documentation from South Africa to begin the complaint procedure against Israel for allegedly committing “genocide” in the Gaza Strip.

According to the documentation presented by South Africa, “Israel’s acts and omissions (…) are genocidal in nature, as they are committed with the specific intent required (…) to destroy the Palestinians in Gaza as part of the Palestinian national, racial and ethnic group broader,” the UN court said in a statement.

A Palestinian carries an injured child to the Nasser Hospital in Khan Younis, southern Gaza Strip, in a file image.
A Palestinian carries an injured child to the Nasser Hospital in Khan Younis, southern Gaza Strip, in a file image. EFE/Haitham Imad

South Africa adds that “the conduct of Israel, through its state organs, state agents and other persons and entities acting under its instructions or under its direction, control or influence, in relation to the Palestinians in Gaza, violates its obligations under the Genocide Convention,” according to a statement released by the ICJ.

In the documentation provided by Johannesburg, it is added that “Israel has participated, is participating and runs the risk of participating even more in genocidal acts against the Palestinian people in Gaza.”

Attacks near the European Hospital in Gaza, with 70,000 refugees, in an archive image.
Attacks near the European Hospital in Gaza, with 70,000 refugees. EFE/EPA/MOHAMMED SABLE

“South Africa seeks to base the jurisdiction of the Court 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 court explained.

South Africa’s request includes precautionary measures to “protect against additional, serious and irreparable harm to the rights of the Palestinian people under the Genocide Convention” and “to ensure compliance by Israel with its obligations,” which are not to participate in such of crime, in addition to preventing and punishing it.

Authority not recognized by Israel

In parallel, South Africa requested last November the Prosecutor’s Office of the International Criminal Court (ICC), whose authority Israel does not recognize, to open an investigation into the offensive, a request supported by Bangladesh, Bolivia, Comoros and Djibouti.

The court prosecutor then replied that he has already been carrying out an investigation since 2021 into crimes in the occupied Palestinian territories, which “covers conduct that may constitute Rome Statute crimes committed since June 13, 2014 in Gaza and the West Bank. ”, and extends to the “escalation of hostilities and violence since the attacks that took place on October 7.”

This investigation focuses on war crimes that may have been committed in occupied Palestinian territories by both the Israeli Army and the Hamas group and other Palestinian militias.

Israel rejects South Africa’s complaint

Israel condemned and rejected this Friday the complaint against it before the International Court of Justice (ICJ) by South Africa, which accuses it of committing “genocide” in Gaza.

Israeli soldiers patrol near the border of the Gaza Strip in southern Israel.
Israeli soldiers patrol near the border of the Gaza Strip in southern Israel. EFE/EPA/ABIR SULTAN

“Israel rejects with repugnance the blood libel spread by South Africa and its complaint” to the ICJ, because “it lacks a factual and legal basis and constitutes a despicable and contemptuous use of the court,” said a spokesman for the Israeli Foreign Ministry in a statement.

He also stressed that “South Africa is cooperating” with Hamas, a “terrorist group that calls for the destruction of the State of Israel” and commits “war crimes” and “against humanity,” and that “tried to commit genocide on October 7,” when he carried out a surprise attack on Israel that left more than 1,200 dead. With EFE

2024-03-01 12:44:36
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