South Africa's genocide case against Israel

Page extended-protected
From Wikipedia, the free encyclopedia

This is an old revision of this page, as edited by WillowCity (talk | contribs) at 02:08, 18 January 2024 (→‎In opposition: See talk page re: Canada, please discuss before re-adding per WP:BRD). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

South Africa v. Israel (Genocide Convention)
CourtInternational Court of Justice
Full case nameApplication of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel)
Started29 December 2023
Transcript(s)Transcript of South Africa's submissions regarding provisional measures Transcript of Israel's submissions regarding provisional measures
ClaimIsrael has committed, and is committing, genocidal acts and genocide against Palestinians in the Gaza Strip in violation of the Genocide Convention
Keywords

The proceedings instituted by South Africa against the State of Israel on 29 December 2023 before the International Court of Justice (ICJ), officially known as Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel), allege that Israel has committed, and is committing, genocide against Palestinians in the Gaza Strip, in violation of the Genocide Convention. South Africa's submission places the charges in what it describes as the broader context of Israel's conduct towards Palestinians, including what it described as a 75-year apartheid, 56-year occupation and 16-year blockade of the Strip.[1][2] South Africa has requested that the ICJ render provisional measures of protection.[3][4]

The Israeli Ministry of Foreign Affairs described South Africa as "functioning as the legal arm" of Hamas, while characterizing South Africa's case as relying on "false and baseless claims".[5]

Two days of public hearings were held on 11 and 12 January 2024 at the Peace Palace in The Hague, respecting South Africa's request for provisional measures of protection.[6] Israel is represented by several lawyers including Malcolm Shaw and Tal Becker,[7][8] and the South African legal team includes John Dugard, Adila Hassim, Tembeka Ngcukaitobi and Vaughan Lowe.[9] Israel and South Africa appointed Aharon Barak[8][10] and Dikgang Moseneke, respectively, as ad hoc judges.[11][12]

Background

Main articles: Allegations of genocide in the 2023 Israeli attack on Gaza and Palestinian genocide accusation

After Israel began the bombing of Gaza following the 7 October attacks, some Palestinians expressed concern that the responding violence would be used to justify genocide against Palestinians by Israel.[13] After the attacks by Hamas, Yoav Gallant, Israeli Minister of Defense, stated "We are fighting human animals, and we are acting accordingly".[14][15] Avi Dichter, Israeli Minister of Agriculture, called for the war to be "Gaza’s Nakba" on Channel 12;[16] Ariel Kallner, another Member of the Knesset from the Likud party, similarly wrote on social media that there is "one goal: Nakba! A Nakba that will overshadow the Nakba of [1948]. Nakba in Gaza and Nakba to anyone who dares to join".[17] Israeli historian of the Holocaust Omer Bartov wrote an op-ed in The New York Times arguing that, while Israel had not actually committed genocide, such statements contained "deeply alarming language" and "[t]aken together... could easily be construed as indicating a genocidal intent."[18]

Genocide Convention

Main article: Genocide Convention

In 1948, the United Nations General Assembly unanimously adopted the Convention on the Prevention and Punishment of the Crime of Genocide, which defined genocide as any of five "acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group". The acts were: killing members of the protected group, causing them serious bodily or mental harm, imposing living conditions intended to destroy the group, preventing births, and forcibly transferring children out of the protected group. Victims must be targeted because of their real or perceived membership of a protected national, ethnic, racial or religious group.[19][20]

Both Israel and South Africa have signed and ratified the Genocide Convention without reservation.[21][22]

Proceedings

Public hearings will be held at the Peace Palace in The Hague

Proceedings were instituted on 29 December 2023 at the International Court of Justice pursuant to the Genocide Convention,[22][23] and brought pursuant to Article IX of the convention.[4][24]

Balkees Jarrah, associate international justice director at Human Rights Watch, notes that the ICJ case is not a prosecution of individuals, and does not directly involve the International Criminal Court, which is a separate body[22] that is currently carrying out its own investigation.[25] Jarrah stated that the case presents an opportunity to "provide clear, definitive answers on the question of whether Israel is committing genocide against the Palestinian people".[22]

According to legal academics, South Africa's request for provisional measures against Israel does not require a determination of whether Israel actually perpetuated genocide, but instead requires the determination that it is "plausible" that genocide occurred.[26][27] Recent rulings in regard to the granting of provisional measures have taken between two weeks and one month after hearings.[28] A final judgement on the case could take years.[22][29]

Separately, hearings begin in February 2024 in regard to a U.N. request for a non-binding advisory opinion on the legal consequences arising from the policies and practices of Israel in the occupied Palestinian territory including East Jerusalem.[30]

South African government position

South Africa accuses Israel of committing acts of genocide in the Gaza Strip in violation of the 1948 Genocide Convention, which defined and prohibited genocide.[31][32] The South African legal team includes John Dugard, Adila Hassim, Tembeka Ngcukaitobi, Max du Plessis, Tshidiso Ramogale, Sarah Pudifin-Jones, Lerato Zikalala, Vaughan Lowe and Blinne Ní Ghrálaigh.[9] South Africa has also appointed former Deputy Chief Justice Dikgang Moseneke as an ad hoc judge.[12][33] During his period of imprisonment on Robben Island, Moseneke had met and befriended fellow anti-apartheid activist and future President Nelson Mandela,[33][34] who went on to become a supporter of the Palestinian cause himself.[35][36] A number of international political figures will be joining the South African delegation, including Jeremy Corbyn and Jean-Luc Mélenchon.[37][38]

In the country's 84-page application it alleged that Israel's actions "are genocidal in character because they are intended to bring about the destruction of a substantial part of the Palestinian national, racial and ethnical group".[4][39] South Africa requested that the ICJ issue a binding legal order on an interim basis (i.e., prior to a hearing on the merits of the application), requiring Israel to "immediately suspend its military operations in and against Gaza."[4][39] Additionally, the incumbent South African president Cyril Ramaphosa also compared Israel's actions to apartheid.[40]

The submission states that "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".[32] Genocidal actions alleged in the suit included the mass killing of Palestinians in Gaza, the destruction of their homes, their expulsion and displacement, as well as their blockade on food, water and medical aid to the region. South Africa said that Israel had imposed measures preventing Palestinian births through the destruction of essential health services vital for the survival of pregnant women and their babies. The suit argued that these actions were "intended to bring about their [Palestinians] destruction as a group".[31] South Africa asserts that statements made by Israeli officials, such as Prime Minister Benjamin Netanyahu, are evidence of genocidal intent.[31]

The South African application set out nine provisional measures of protection requested:[41]

Number Summary Full description
1 Suspension of military operations The State of Israel shall immediately suspend its military operations in and against Gaza.
2 The State of Israel shall ensure that any military or irregular armed units which may be directed, supported or influenced by it, as well as any organisations and persons which may be subject to its control, direction or influence, take no steps in furtherance of the military operations referred to point (1) above.
3 Prevent genocide The Republic of South Africa and the State of Israel shall each, in accordance with their obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, in relation to the Palestinian people, take all reasonable measures within their power to prevent genocide.
4 Desist from killing, injuring, destroying life and preventing births The State of Israel shall, in accordance with its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, in relation to the Palestinian people as a group protected by the Convention on the Prevention and Punishment of the Crime of Genocide, desist from the commission of any and all acts within the scope of Article II of the Convention, in particular:
  1. killing members of the group;
  2. causing serious bodily or mental harm to the members of the group;
  3. deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; and
  4. imposing measures intended to prevent births within the group.
5 Prevent displacement, deprivation and the destruction of life The State of Israel shall, pursuant to point (4)(c) above, in relation to Palestinians, desist from, and take all measures within its power including the rescinding of relevant orders, of restrictions and/or of prohibitions to prevent:
  1. the expulsion and forced displacement from their homes;
  2. the deprivation of:
    1. access to adequate food and water;
    2. access to humanitarian assistance, including access to adequate fuel, shelter, clothes, hygiene and sanitation;
    3. medical supplies and assistance; and
  3. the destruction of Palestinian life in Gaza.
6 Desist from incitement, and punish acts of and encouragement to genocide The State of Israel shall, in relation to Palestinians, ensure that its military, as well as any irregular armed units or individuals which may be directed, supported or otherwise influenced by it and any organizations and persons which may be subject to its control, direction or influence, do not commit any acts described in (4) and (5) above, or engage in direct and public incitement to commit genocide, conspiracy to commit genocide, attempt to commit genocide, or complicity in genocide, and insofar as they do engage therein, that steps are taken towards their punishment pursuant to Articles I, II, III and IV of the Convention on the Prevention and Punishment of the Crime of Genocide.
7 Prevent the destruction of and ensure the preservation of evidence The State of Israel shall take effective measures to prevent the destruction and ensure the preservation of evidence related to allegations of acts within the scope of Article II of the Convention on the Prevention and Punishment of the Crime of Genocide; to that end, the State of Israel shall not act to deny or otherwise restrict access by fact-finding missions, international mandates and other bodies to Gaza to assist in ensuring the preservation and retention of said evidence.
8 Submit ongoing reports to the Court on measures taken The State of Israel shall submit a report to the Court on all measures taken to give effect to this Order within one week, as from the date of this Order, and thereafter at such regular intervals as the Court shall order, until a final decision on the case is rendered by the Court.
9 Refrain from aggravating the situation The State of Israel shall refrain from any action and shall ensure that no action is taken which might aggravate or extend the dispute before the Court or make it more difficult to resolve.

Israeli government position

Israel rejected the allegations "with disgust"[22] and accused South Africa of "cooperating with a terrorist organisation that is calling for the destruction of the State of Israel".[42] They described the actions of South Africa as blood libel[43][44] and claimed that the proceedings were "abetting the modern heirs of the Nazis".[45]

On 2 January 2024, Israel appeared before the ICJ in response to South Africa's case, which represented an exception in the country's history of ignoring previous international tribunals.[39][46] Israel's legal team includes Malcolm Shaw, Tal Becker, and two other lawyers.[47][48] Israel has also appointed former President of the Supreme Court of Israel Aharon Barak as an ad hoc judge.[8][10][49] Barak's appointment was praised by the majority of the public opinion, due to him being an internationally respected legal authority,[10][49] but also received criticism from several far-right Israeli politicians, including Ministers Bezalel Smotrich and Amihai Ben-Eliyahu,[49] since Barak had harshly criticized the government-backed judicial reform and encouraged the subsequent protests across the country in 2023.[10][49]

Israeli Prime Minister Benjamin Netanyahu responded that it was Hamas that was committing genocide, instead of Israel.[50] Netanyahu added that the Israel Defense Forces are "acting as morally as possible".[50] In a later statement, Netanyahu stated that "nobody" could stop Israel from continuing its actions in Gaza, including The Hague.[51] The Israel Defense Forces states that it takes actions to reduce civilian casualties such as warning civilians in targeted areas and not striking certain areas with civilians.[50] The Israeli government has stated multiple times that it wants to eliminate Hamas and not Palestinians.[50]

The Israeli Ministry of Foreign Affairs described South Africa as "functioning as the legal arm" of Hamas, while characterizing South Africa's case as relying on "false and baseless claims".[5] The ministry stated in diplomatic cables that a ruling against Israel "could have significant potential implications that are not only in the legal world but have practical bilateral, multilateral, economic, security ramifications".[47] Israel's defence is expected to require convincing the court that public commentary on the situation in Gaza made by various members of the government coalition does not constitute genocidal intent.[52][53]

The Israeli legal team, led by British jurist Malcolm Shaw, argued that Israel did not possess the "special intent" required for the crime of genocide. Shaw contended that the South African case provided only a partial narrative and asserted that the United Nations' highest court lacked jurisdiction over the Gaza war – a matter awaiting the judges' response. According to Haaretz, what allowed South Africa to present their case was not the actual events of the war, but instead incendiary comments made by certain members of the current Israeli government coalition. Shaw invited the court to consider the decisions of the Israeli cabinets instead of focusing on "random statements by politicians who are not decision-makers".[54]

Analysis

Lawfare, a blog affiliated with the Brookings Institution, likened South Africa's application to proceedings instituted by The Gambia against Myanmar in relation to the Rohingya genocide.[55] Writing in Just Security, an online forum based at the Reiss Center on Law and Security, Alaa Hachem and Professor Oona A. Hathaway note South Africa's invocation of erga omnes partes, a doctrine of legal standing which "allows a State party to a treaty protecting common legal rights to enforce those rights even if the State is not directly affected by the violation".[56] Hachem and Hathaway state that the Rohingya genocide case (specifically, the acceptance of jurisdiction by the ICJ), "revolutionized" the doctrine of erga omnes. They concluded that it was "highly likely" the Court will find that South Africa has standing to institute the proceedings. They also stated that establishing genocidal intent is "extraordinarily challenging".[56]

Professor Luciano Pezzano, writing in the Blog of the European Journal of International Law, argues that invoking Article IX of the Genocide Convention is a means by which uninvolved states can fulfill their obligation to prevent genocide.[57]

David Scheffer, who served as the first United States Ambassador-at-Large for War Crimes Issues, criticized South Africa's case for what he called a "complete lack of recognition... that Israel is at war," and argued that any Palestinian civilian deaths are the result of a military action against an enemy which Israel has "a justifiable right to attack in self-defense," rather than genocidal intent. Scheffer said that in a military and responsorial context of events since the October 7 attack, coupled with Israel's evacuation of Gazan civilians and its humanitarian aid efforts, would make it "clearly a line too far to try to argue that it is Israel that actually has the intent to commit genocide when Israel is responding to a genocidal act in order to prevent further genocide against Israel."[58]

Other international responses

States and international organizations

In support

South Africa's case has been supported by the following states and international organizations:

On 9 January, Belgian Deputy Prime Minister Petra de Sutter stated she was encouraging her government to support the suit, stating, "Belgium cannot stand by and watch the immense human suffering in Gaza. We must act against the threat of genocide".[81] On 10 January, Brazilian President Luiz Inácio Lula da Silva expressed support for the lawsuit, with the Ministry of Foreign Affairs stating, "The president expressed his support for South Africa's initiative to call on the International Court of Justice to order Israel to immediately cease all acts and measures that may constitute genocide".[61] Slovenia announced that it will participate in the ICJ proceedings initiated by the UN General Assembly concerning Israel's allegedly controversial activities in Gaza and the West Bank, including East Jerusalem.[82]

Namibian President Hage Geingob criticized Germany for supporting Israel at the case, claiming Germany had failed to draw lessons after having perpetrated the 1904 Herero and Namaqua genocide: "Germany cannot morally express commitment to the United Nations Convention against genocide, including atonement for the genocide in Namibia, whilst supporting the equivalent of a holocaust and genocide in Gaza."[83][84] Belgium's socialist Development Minister Caroline Gennez questioned Germany's stance, saying: "German friends: are you really going to be on the wrong side of history twice? Are we going to continue to stand by if ethnic cleansing were to take place? Surely that was 'nie wieder'? So I hope Germans will want to look deep into their own hearts, unburdened by their own historical traumas."[85] Belgian PM Alexander De Croo and foreign minister Hadja Lahbib expressed disapproval with Gennez's comments, with the latter saying: "If we want to play a role, it should be that of mediator and not prosecutor."[86]

In opposition

South Africa's case has been opposed by the United States, U.S. National Security Council spokesperson John Kirby said the U.S. found the "submission meritless, counterproductive, completely without any basis in fact whatsoever".[94] U.S. Secretary of State Antony Blinken called the genocide accusation against Israel "meritless".[95]

Guatemala said that the filing was regrettable and that Israel was making a "legitimate defense against the attacks of the terrorist group Hamas".[91]

Austrian Chancellor Karl Nehammer and Czech Prime Minister Petr Fiala said in a joint statement that they "oppose any attempts to politicize the ICJ."

Hungarian Foreign Minister Péter Szijjártó condemned the "legal attack launched against Israel".[88]

British Prime Minister Rishi Sunak had the opinion that South Africa's case was "completely unjustified and wrong", according to his spokesperson.[50]

Germany has announced its opposition to South Africa's application and its intention to intervene before the ICJ on Israel's behalf.[90] Germany's Vice Chancellor Robert Habeck stated: "You can criticise the Israeli army for acting too harshly in the Gaza strip, but that is not genocide."[88]

Australian Prime Minister Anthony Albanese declared that the Australian government will not participate in South Africa's genocide case against Israel.[96] Australian Foreign Minister Penny Wong said that "Our support for the ICJ and respect for its independence does not mean we accept the premise of South Africa’s case".[97]

The Irish government has announced it will not join South Africa's case against Israel. Irish Prime Minister Leo Varadkar said: "I would be a little bit uncomfortable about accusing Israel, a Jewish state, of genocide given the fact that six million Jews - over half the population of Jews in Europe - were killed."[98]

Movements, parties, and unions

The lawsuit has also been supported by hundreds of activist groups, NGOs, political parties, unions, and other organizations, with (as of mid-January 2024) over 1400 showing support in the form of a letter organized by the newly-formed International Coalition to Stop Genocide in Palestine.[99][100][101][102][103][104] Some of that letter's signatories, and other supportive organizations, include:

Individuals and other groups

Raz Segal, an Israeli historian of genocide, stated the case was notable due to the "mountain of evidence on genocidal intent that’s been expressed by people with command authority".[117] Rosalie Silberman Abella, a former puisne justice of the Supreme Court of Canada, called the ICJ proceedings an "abuse of the principles of the international legal order."[118] Pierre Poilievre, leader of Canada's official opposition, the Conservative Party, called the accusation "a shameless and dishonest attack on Jewish people and the Jewish state."[119][120]

Christian groups throughout South Africa condemned their government's decision to take Israel to the ICJ, and South Africa's refusal to condemn Hamas.[121]

Volker Türk, the United Nations High Commissioner for Human Rights, said: "It is not a blood libel to deplore the failure to hold to account Israeli soldiers and armed settlers who have killed hundreds of Palestinians in the West Bank since October 7, or the prolongation of a war whose conduct has raised grave international humanitarian and human rights law concerns."[122]

Ofer Cassif, an Israeli politician representing the left-wing party Hadash, signed South Africa's petition and accused Israel of genocide.[123] In response, lawmakers began proceedings to expel him from the Knesset.[124] On 9 January, an open letter to the ICJ signed by over 600 Israelis stated their support for South Africa's case.[125][additional citation(s) needed] A group of New Zealand's legal experts, led by David Williams and Jane Kelsey, signed an open-letter urging Prime Minister Christopher Luxon to support South Africa's petition.[126]

See also

References

  1. ^ Maupas, Stéphanie (1 January 2024). "Israel-Hamas war: South Africa brings 'genocide' case before international courts". Le Monde.fr. Archived from the original on 6 January 2024. Retrieved 6 January 2024. 'Long years of apartheid'... The South African lawyers have relied on UN reports, reports by Palestinian journalists and research by NGOs, because Israel prevents the international press from entering the Gaza Strip, as well as investigators from the International Criminal Court and the UN Human Rights Commission. They added that this genocide is committed "against a background of apartheid, expulsion, ethnic cleansing, annexation, occupation, discrimination and ongoing denial of the right of the Palestinian people to self-determination."
  2. ^ Powell, Anita (5 January 2024). "South Africa to Take Israel to Top UN Court on Genocide Claim in Gaza". Voice of America. Archived from the original on 6 January 2024. Retrieved 6 January 2024. In the court application, South Africa argues that the treatment of Palestinians also bears strong resemblance to South Africa's own racially motivated apartheid regime, which ended in 1994 with Mandela's election. "It is important," the submission reads, "to place the acts of genocide in the broader context of Israel's conduct towards Palestinians during its 75-year-long apartheid, its 56-year-long 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."
  3. ^ The request for provisional measures is made under Article 74 of the Rules of the Court Archived 6 January 2024 at the Wayback Machine, which states that "A request for the indication of provisional measures shall have priority over all other cases."
  4. ^ a b c d "Proceedings instituted by South Africa against the State of Israel on 29 December 2023" (PDF). International Court of Justice. 29 December 2023. Archived from the original on 5 January 2024. Retrieved 5 January 2024. ALT Link
  5. ^ a b Salem, Mohammed; Al-Mughrabi, Nidal; Deutsch, Anthony (12 January 2024). "Netanyahu condemns ICJ genocide case; Gazans return to wasteland in north". Reuters. Retrieved 13 January 2024.
  6. ^ "12 January press release: Conclusion of the public hearings held on Thursday 11 and Friday 12 January 2024" (PDF). International Court of Justice. 12 January 2023. Retrieved 13 January 2024.
  7. ^ Eichner, Itamar (4 January 2024). "Professor Malcolm Shaw to represent Israel in the Hague". Ynetnews. Archived from the original on 7 January 2024. Retrieved 7 January 2024.
  8. ^ a b c Eichner, Itamar (7 January 2024). "Former Supreme Court Chief Justice Aharon Barak to represent Israel in The Hague". Ynetnews. Archived from the original on 8 January 2024. Retrieved 7 January 2024.
  9. ^ a b Kgosana, Rorisang (5 January 2024). "The 'A-team' lawyers representing South Africa at the world court against Israel". TimesLIVE. Archived from the original on 6 January 2024. Retrieved 6 January 2024.
  10. ^ a b c d Kershner, Isabel (8 January 2024). "Israel Picks Holocaust Survivor Judge for Genocide Case, Surprising Some". The New York Times. ISSN 0362-4331. Archived from the original on 13 January 2024. Retrieved 15 January 2024.
  11. ^ a b c d e f g Human Rights Watch 2024.
  12. ^ a b Masweneng, Kgaugelo (5 January 2024). "Dikgang Moseneke to join bench of judges in Israel-Hamas world court case". TimesLIVE. Archived from the original on 14 January 2024. Retrieved 15 January 2024.
  13. ^ Mackenzie & Lubell 2023: "Israel has tightened its blockade on and bombarded Gaza for three weeks after the Islamist group Hamas' Oct. 7 assault killed 1,400 Israelis [...] Abbas ... said, "Our people in the Gaza Strip are facing a war of genocide and massacres committed by the Israeli occupation forces in full view of the entire world.""; Antonio 2023: "Israeli Ambassador to the Philippines Ilan Fluss rejected the notion that his country is committing genocide in Gaza City, where a two-week war has erupted [...] their measures were targeting Hamas members, and they were "taking all measures to avoid having civilians affected" by attacks. "We are informing civilians even before attacks: keep away from Hamas' infrastructure and Hamas' facilities," [...] Hamas attacked Israel on Oct. 7, and killed at least 1,400 people, mostly civilians."; Chacar 2023; Smith et al. 2023; Nichols 2023; Bishara 2023
  14. ^ Buxbaum, Jessica (30 November 2023). "'Erase Gaza': How genocidal rhetoric is normalised in Israel". New Arab. Archived from the original on 10 January 2024. Retrieved 29 December 2023.
  15. ^ "Defense minister announces 'complete siege' of Gaza: No power, food or fuel". Times of Israel. 9 October 2023. Archived from the original on 13 January 2024. Retrieved 13 January 2024.
  16. ^ "Israel right-wing ministers' comments add fuel to Palestinian fears". NBC News. 14 November 2023. Archived from the original on 1 December 2023. Retrieved 29 December 2023.
  17. ^ "In Israel's call for mass evacuation, Palestinians hear echoes of their original catastrophic exodus". AP News. 13 October 2023. Archived from the original on 2 December 2023. Retrieved 5 January 2024.
  18. ^ Bartov, Omer (10 November 2023). "Opinion | What I Believe as a Historian of Genocide". The New York Times. ISSN 0362-4331. Archived from the original on 18 December 2023. Retrieved 16 December 2023.
  19. ^ Office of the UN Special Adviser on the Prevention of Genocide (2014). "Legal definition of genocide" (PDF). United Nations. Archived (PDF) from the original on 30 January 2016. Retrieved 29 December 2023.
  20. ^ Voice of America (15 March 2016). "What Is Genocide?". Voice of America. Archived from the original on 11 August 2017. Retrieved 29 December 2023.
  21. ^ "United Nations Treaty Collection". treaties.un.org. Archived from the original on 23 January 2023. Retrieved 16 January 2024.
  22. ^ a b c d e f g "South Africa launches case at top UN court accusing Israel of genocide in Gaza". Associated Press. 29 December 2023. Archived from the original on 2 January 2024. Retrieved 5 January 2024.
  23. ^ Rabin, Roni Caryn; Yazbek, Hiba; Fuller, Thomas (11 January 2024). "Israel Faces Accusation of Genocide as South Africa Brings Case to U.N. Court". The New York Times. ISSN 0362-4331. Archived from the original on 13 January 2024. Retrieved 13 January 2024.
  24. ^ "South Africa institutes proceedings against Israel and requests the International Court of Justice to indicate provisional measures" (Press release). The Hague, Netherlands: International Court of Justice. United Nations Information System on the Question of Palestine. 29 December 2023. Archived from the original on 5 January 2024. Retrieved 5 January 2023.
  25. ^ "Statement of ICC Prosecutor, Fatou Bensouda, respecting an investigation of the Situation in Palestine". International Criminal Court. 3 March 2021. Archived from the original on 22 July 2023.
  26. ^ Rauhala, Emily; Hendrix, Steve (12 January 2024). "Israel rejects genocide allegations at international court". The Washington Post. Archived from the original on 12 January 2024. Retrieved 14 January 2024.
  27. ^ Sharon, Jeremy (10 January 2024). "'We should be worried': Israel faces peril at The Hague in Gaza 'genocide' case". The Times of Israel. Archived from the original on 14 January 2024. Retrieved 14 January 2024.
  28. ^ "South Africa's ICJ case could be a game changer". Mondoweiss. 10 January 2024. Archived from the original on 11 January 2024. Retrieved 11 January 2024.
  29. ^ "Hague court begins hearing case alleging Israeli genocide in Gaza". www.ft.com. Archived from the original on 11 January 2024. Retrieved 11 January 2024.
  30. ^ "South Africa tells the UN top court Israel is committing genocide in Gaza as a landmark case begins". AP News. 11 January 2024. Archived from the original on 11 January 2024. Retrieved 11 January 2024.
  31. ^ a b c Lawal, Shola (3 January 2024). "Can South Africa's ICJ case against Israel stop war in Gaza?". Al Jazeera. Archived from the original on 4 January 2024. Retrieved 5 January 2024.
  32. ^ a b Wintour, Patrick (4 January 2024). "Stakes high as South Africa brings claim of genocidal intent against Israel". The Guardian. Archived from the original on 6 January 2024. Retrieved 5 January 2024.
  33. ^ a b Lombardi, Anna (11 January 2024). "L'Aia, il giudice sudafricano cresciuto accanto a Mandela" [The Hague, the South African judge who grew up with Mandela]. la Repubblica (in Italian). Archived from the original on 15 January 2024. Retrieved 15 January 2024.
  34. ^ "Dikgang Moseneke tries as a judge to live out Mandela's ideals". News24. 7 December 2012. Archived from the original on 8 June 2016. Retrieved 15 January 2024.
  35. ^ "La causa del Sudafrica contro Israele per genocidio, spiegata". Il Post (in Italian). 11 January 2024. Archived from the original on 13 January 2024. Retrieved 15 January 2024.
  36. ^ "Address by President Nelson Mandela at International Day of Solidarity with Palestinian People, Pretoria". www.mandela.gov.za. 4 December 1997. Archived from the original on 12 January 2024. Retrieved 15 January 2024.
  37. ^ "Jeremy Corbyn joins South Africa's ICJ case on Gaza genocide". The Jerusalem Post. 9 January 2024. Archived from the original on 10 January 2024. Retrieved 10 January 2024.
  38. ^ "French opposition leader in Hague to attend trial against Israeli government". Archived from the original on 11 January 2024. Retrieved 11 January 2024.
  39. ^ a b c Corder, Mike (2 January 2024). "South Africa's genocide case against Israel sets up a high-stakes legal battle at the UN's top court". ABC News. Archived from the original on 3 January 2024. Retrieved 5 January 2024.
  40. ^ Carl, Traci (29 December 2023). "South Africa accuses Israel of genocide in a U.N. court". The New York Times. ISSN 0362-4331. Archived from the original on 4 January 2024. Retrieved 5 January 2024.
  41. ^ APPLICATION INSTITUTING PROCEEDINGS, Paragraph 144: E. Provisional Measures Requested
  42. ^ Chao-Fong, Léonie; Belam, Martin; Ahmad, Reged (29 December 2023). "Israel-Gaza war live: Israel hits back at South Africa after it launches genocide case at UN's top court". The Guardian. ISSN 0261-3077. Archived from the original on 3 January 2024. Retrieved 5 January 2024.
  43. ^ "South Africa launches case at The Hague accusing Israel of genocide in Gaza". The Herald. 29 December 2023. Archived from the original on 13 January 2024. Retrieved 29 December 2023.
  44. ^ Borger, Julian (29 December 2023). "South Africa launches case at UN court accusing Israel of genocide". The Guardian. Archived from the original on 6 January 2024. Retrieved 6 January 2024.
  45. ^ Lazaroff, Tovah (2 January 2024). "Israel to defend itself at Int'l Court of Justice's genocide hearing on Gaza". The Jerusalem Post. Archived from the original on 6 January 2024. Retrieved 2 January 2024.
  46. ^ "Israel to contest genocide case filed by South Africa at International Court of Justice". www.aa.com.tr. Archived from the original on 8 January 2024. Retrieved 4 January 2024.
  47. ^ a b Ravid, Barak (5 January 2024). "Inside Israel's plan to quash South Africa's Gaza genocide case". Axios. Archived from the original on 6 January 2024. Retrieved 6 January 2024.
  48. ^ TOI Staff; Sharon, Jeremy (5 January 2024). "British lawyer to defend Israel from Gaza genocide claims in The Hague". The Times of Israel. Archived from the original on 6 January 2024. Retrieved 7 January 2024.
  49. ^ a b c d Pita, Antonio (12 January 2024). "Israel entrusts defense against genocide charges to its most prestigious judge, a Netanyahu critic and Holocaust survivor". El País English. Archived from the original on 14 January 2024. Retrieved 15 January 2024.
  50. ^ a b c d e f Berg, Raffi (12 January 2024). "What is South Africa's genocide case against Israel at the ICJ?". BBC News. Archived from the original on 13 January 2024. Retrieved 13 January 2024.
  51. ^ Zilber, Neri. "Netanyahu says 'nobody' will stop Israel including Hague court". Financial Times. Archived from the original on 15 January 2024. Retrieved 15 January 2024.
  52. ^ Dettmer, Jamie (5 January 2024). "How Israel will fight Gaza genocide accusations in The Hague". Politico. Archived from the original on 6 January 2024. Retrieved 6 January 2024.
  53. ^ Landsmann, Carolina (5 January 2024). "Don't Blame the Gatekeepers for the Genocide-inciting Extremists in Israel's Government". Haaretz. Archived from the original on 4 January 2023. Retrieved 6 January 2024. {{cite news}}: |archive-date= / |archive-url= timestamp mismatch; 4 January 2024 suggested (help)
  54. ^ Pinkas, Alon (12 January 2024). "At Int'l Court of Justice Hearing, Israel Presents Robust Defense Despite Half-wit Politicians". Haaretz. Archived from the original on 13 January 2024. Retrieved 13 January 2024.
  55. ^ Han, Hyemin (3 January 2024). "South Africa Institutes ICJ Proceedings Against Israel for Genocide Convention Violations". Lawfare. Archived from the original on 7 January 2024. Retrieved 7 January 2024.
  56. ^ a b Hachem, Alaa; Hathaway, Oona A. (4 January 2024). "The Promise and Risk of South Africa's Case Against Israel". Just Security. Archived from the original on 7 January 2024. Retrieved 7 January 2024.
  57. ^ Pezzano, Luciano (4 January 2024). "The Obligation to Prevent Genocide in South Africa v. Israel: Finally a Duty with Global Scope?". EJIL: Talk!. Archived from the original on 7 January 2024. Retrieved 7 January 2024.
  58. ^ Burnett, Elena; Fox, Kathryn; Shapiro, Ari (12 January 2024). "Former war crimes ambassador-at-large on Israel's defense to genocide allegations". NPR. Archived from the original on 14 January 2024. Retrieved 14 January 2024.
  59. ^ "Bolivia to support South Africa's ICJ genocide case against Israel". The Jerusalem Post. 8 January 2024. Archived from the original on 8 January 2024. Retrieved 8 January 2024.
  60. ^ a b "Israel to face Gaza genocide charges at World Court". CNBC. 11 January 2024. Archived from the original on 15 January 2024. Retrieved 15 January 2024.
  61. ^ a b "Brazil's Lula expresses support for South Africa ICJ submission". Al Jazeera. Archived from the original on 10 January 2024. Retrieved 10 January 2024.
  62. ^ "What to Know About South Africa's Genocide Case Against Israel". TIME. 10 January 2024. Archived from the original on 13 January 2024. Retrieved 15 January 2024.
  63. ^ a b "Chile apoya demanda de Sudáfrica contra Israel por genocidio ante la CIJ" (in Spanish). 11 January 2024. Archived from the original on 14 January 2024. Retrieved 14 January 2024.
  64. ^ "Comunicado sobre la demanda presentada por Sudáfrica contra Israel en la Corte Internacional de Justicia". www.cancilleria.gov.co (in Spanish). 10 January 2024. Archived from the original on 11 January 2024. Retrieved 11 January 2024.
  65. ^ a b "ما هي الدول التي تدعم قضية الإبادة الجماعية التي رفعتها جنوب أفريقيا ضد إسرائيل في محكمة العدل الدولية؟" (in Arabic). 9 January 2024. Archived from the original on 15 January 2024. Retrieved 15 January 2024.
  66. ^ "Cuba apoya la demanda de Sudáfrica ante la Corte Internacional de Justicia contra el genocidio de Israel en Palestina". Archived from the original on 11 January 2024. Retrieved 11 January 2024.
  67. ^ "'Morally, politically:' Indonesia backs South Africa against Israel at ICJ". Archived from the original on 11 January 2024. Retrieved 11 January 2024.
  68. ^ "Iran backs South Africa's Gaza genocide case against Israel at ICJ". Archived from the original on 11 January 2024. Retrieved 11 January 2024.
  69. ^ "Iraq backs South Africa's case against Israel at ICJ". Al Jazeera. Archived from the original on 12 January 2024. Retrieved 12 January 2024.
  70. ^ "Jordan backs South Africa ICJ genocide file against Israel". The New Arab. 5 January 2024. Archived from the original on 6 January 2024. Retrieved 6 January 2024.
  71. ^ "الخارجية تعلن تأييدها لدعوى جنوب إفريقيا ضد إسرائيل أمام محكمة العدل الدولية" (in Arabic). 11 January 2024. Archived from the original on 14 January 2024. Retrieved 14 January 2024.
  72. ^ "Libya Supports South Africa In Case Against Israel At International Court Of Justice – OpEd". 14 January 2014. Archived from the original on 14 January 2024. Retrieved 14 January 2024.
  73. ^ a b Conley, Julia (3 January 2024). "Turkey, Malaysia Back South Africa's ICJ Genocide Case Against Israel". Common Dreams. Archived from the original on 3 January 2024. Retrieved 4 January 2024.
  74. ^ "Maldives supports ICJ inquiry into alleged Israeli genocide". PSM News. 4 January 2024. Archived from the original on 15 January 2024. Retrieved 9 January 2024.
  75. ^ "Which countries back South Africa's genocide case against Israel at ICJ?". Al Jazeera. 9 January 2024. Archived from the original on 10 January 2024. Retrieved 10 January 2024.
  76. ^ "St Vincent backs South Africa at ICJ against Israel". 12 January 2024. Archived from the original on 14 January 2024. Retrieved 14 January 2024.
  77. ^ "Minister Fajon: Slovenia one of the few EU Member States in the ICJ advisory opinion proceedings against Israel | GOV.SI". Portal GOV.SI. Slovenia supports the proceedings regarding the violation of the Genocide Convention, both in the case of Ukraine and Palestine.
  78. ^ "Syria condemns US-British aggression on Yemen". 12 January 2024. Archived from the original on 13 January 2024. Retrieved 13 January 2024.
  79. ^ "‏League of Arab States endorses South Africa's legal action against Israel". www.leagueofarabstates.net. 10 January 2024. Archived from the original on 11 January 2024. Retrieved 11 January 2024.
  80. ^ Cooperation, Organization of Islamic (7 December 2021). "OIC Welcomes South Africa's International Court of Justice Suit against Israel Over Genocide". OIC Welcomes South Africa's International Court of Justice Suit Against Israel over Genocide. Archived from the original on 6 January 2024. Retrieved 6 January 2024.
  81. ^ Fulton, Adam; Chao-Fong, Léonie; Belam, Martin; Livingstone, Helen; Livingstone (Earlier), Helen (9 January 2024). "Belgium's deputy prime minister voices support for genocide case against Israel". The Guardian. Archived from the original on 9 January 2024. Retrieved 9 January 2024.
  82. ^ "Minister Fajon: Slovenia one of the few EU Member States in the ICJ proceedings against Israel | GOV.SI". Portal GOV.SI. Archived from the original on 16 January 2024. Retrieved 16 January 2024.
  83. ^ "Namibia condemns Germany for defending Israel in ICJ genocide case". Al Jazeera. Archived from the original on 14 January 2024. Retrieved 14 January 2024.
  84. ^ "Namibia pans former colonial ruler Germany for defending Israel from genocide claim". Times of Israel. Archived from the original on 14 January 2024. Retrieved 14 January 2024.
  85. ^ "Belgium's Development Minister criticises Germany over pro-Israeli stance". The Brussels Times. 12 January 2024.
  86. ^ "De Croo distances himself from minister's statement on German support for Israel". Belga. 12 January 2024. Retrieved 16 January 2024.
  87. ^ "Australia doesn't accept 'premise' of Israel genocide claim: Wong". Financial Review. 16 January 2024.
  88. ^ a b c d e "Why is the EU mostly silent on South Africa's genocide case against Israel?". Euronews. 12 January 2024. Archived from the original on 13 January 2024. Retrieved 14 January 2024.
  89. ^ "France says accusing Israel of genocide 'crosses moral threshold,' is exploitative". The Times of Israel. 17 January 2024.
  90. ^ a b "Germany Rejects UN 'Genocide' Charge Against Israel". Barron's (via AFP). 12 January 2024. Archived from the original on 13 January 2024. Retrieved 13 January 2024.
  91. ^ a b "Guatemala gov't issues statement rejecting South Africa's genocide claims". The Jerusalem Post. 9 January 2024. Archived from the original on 11 January 2024. Retrieved 11 January 2024.
  92. ^ "Israel has hit civilians in Gaza but no genocide- Tajani". Agenzia Nazionale Stampa Associata. 11 January 2024. Archived from the original on 16 January 2024. Retrieved 16 January 2024.
  93. ^ "US 'not seeing acts of genocide' in Gaza, State Dept says". Yahoo! News. Reuters. 4 January 2024. Archived from the original on 16 January 2024. Retrieved 16 January 2024.
  94. ^ "US rebukes South Africa for 'meritless' genocide suit against Israel". The Times of Israel. Jewish News Syndicate. 4 January 2024. Archived from the original on 5 January 2024. Retrieved 5 January 2024.
  95. ^ "Blinken: Genocide Charge Against Israel Is 'Meritless'; Palestinians Must Be Allowed Return to North Gaza". Haaretz. 9 January 2024. Archived from the original on 10 January 2024. Retrieved 10 January 2024.
  96. ^ "Albanese says Australia will not participate in ICJ case against Israel and instead focus on 'political solution'". The Guardian. 15 January 2024. Archived from the original on 15 January 2024. Retrieved 15 January 2024.
  97. ^ "'We don't accept' genocide case: Wong". The Australian. 16 January 2024.
  98. ^ "Explained: Ireland's position on the genocide case against Israel". RTÉ. 11 January 2024. Archived from the original on 15 January 2024. Retrieved 15 January 2024.
  99. ^ a b c d e f g Jimoh, Abdullahi (4 January 2024). "Over 100 Global Organisations Rally for South Africa's Genocide Case Against Israel at ICJ". News Central TV. Archived from the original on 6 January 2024. Retrieved 6 January 2024.
  100. ^ a b c d e f Conley, Julia (3 January 2024). "100+ Global Rights Groups Urge Support for South Africa's Genocide Case Against Israel at ICJ". Common Dreams. Archived from the original on 6 January 2024. Retrieved 6 January 2024.
  101. ^ a b c d e f g h "We Support South Africa's Genocide Convention Case Against Israel". Progressive International. 8 January 2024. Archived from the original on 8 January 2024. Retrieved 8 January 2024.
  102. ^ "South Africa's ICJ Case Against Israel Backed by Over 1,000 Organizations". The Palestine Chronicle. 10 January 2024. Archived from the original on 12 January 2024. Retrieved 13 January 2024.
  103. ^ "Over 1,000 organizations unite in support of South Africa's genocide case against Israel at ICJ". Anadolu Agency. 11 January 2024. Archived from the original on 12 January 2024. Retrieved 13 January 2024.
  104. ^ a b c d e "Organizational Sign-on Letter Calling on States to Support South Africa's Genocide Convention Case Against Israel at the ICJ". Google Forms. 30 December 2023. Archived from the original on 12 January 2024. Retrieved 13 January 2024.
  105. ^ a b c "Welcoming South Africa's Principled Move to Pursue Justice for Israel's Genocide against Palestinians in Gaza at the International Court of Justice". Al-Haq. Archived from the original on 13 January 2024. Retrieved 14 January 2024.
  106. ^ "Amnesty International calls ICJ hearings 'vital step' to protect Palestinians". Al Jazeera. Archived from the original on 12 January 2024. Retrieved 12 January 2024.
  107. ^ "Boycott from Within Twitter Page: Likes". Twitter. Archived from the original on 15 January 2024. Retrieved 14 January 2024.
  108. ^ a b c d e Garriga, Melissa (2 January 2024). "Peace Groups Urge Countries to Join South Africa in Charging Israel With Genocide" (Press release). Washington, D.C.: CodePink. Archived from the original on 3 January 2024. Retrieved 5 January 2024.
  109. ^ "Genocide Case against Israel at World Court". Human Rights Watch. 10 January 2024. Archived from the original on 13 January 2024. Retrieved 14 January 2024.
  110. ^ a b c d e AB (10 January 2024). "800+ Organizations Globally Sign On To Letter Supporting South Africa's Genocide Case Against the State of Israel : Via Campesina". La Via Campesina - EN. Archived from the original on 11 January 2024. Retrieved 11 January 2024.
  111. ^ Israeli Committee Against House Demolitions (4 January 2024). "N/A". Facebook. Archived from the original on 14 January 2024. Retrieved 14 January 2024.
  112. ^ Neiman, Ofer (12 January 2024). "N/A". Twitter. Archived from the original on 14 January 2024. Retrieved 14 January 2024.
  113. ^ Soussi, Alasdair (11 January 2024). "Who is Israeli MP Ofer Cassif, why is he backing South Africa at the ICJ?". Al Jazeera. Archived from the original on 14 January 2024. Retrieved 14 January 2024.
  114. ^ Heinrich, Mark. "Reaction to South Africa's UN court case against Israel's war in Gaza". Reuters. Retrieved 11 January 2024.
  115. ^ "Labour urges government to back Gaza genocide case at International Court". Radio New Zealand. 10 January 2024. Archived from the original on 15 January 2024. Retrieved 13 January 2024.
  116. ^ International, WILPF (11 January 2024). "Nothing Justifies Genocide: ICJ Hearings – South Africa v. Israel". WILPF. Archived from the original on 11 January 2024. Retrieved 11 January 2024.
  117. ^ "Genocide scholar says South Africa has made 'strong case'". Al Jazeera. Archived from the original on 13 January 2024. Retrieved 13 January 2024.
  118. ^ "Former supreme court judge says Hague case is an 'insult to meaning of genocide'". The Jewish Chronicle. 11 January 2024. Archived from the original on 12 January 2024. Retrieved 12 January 2024.
  119. ^ "Canada doesn't accept premise of S. Africa genocide motion -PM". New Straits Times. Reuters. 13 January 2024. Archived from the original on 15 January 2024. Retrieved 15 January 2024. Canada's opposition Conservative Party, which has a commanding lead in the polls, accused Trudeau of "sinister and hypocritical" double speak on the issue.
  120. ^ "Trudeau says Canada supports the UN court but not necessarily genocide claim against Israel". CBC News. 12 January 2024. Archived from the original on 15 January 2024. Retrieved 15 January 2024. Conservative Leader Pierre Poilievre dismissed South Africa's genocide allegations against Israel, calling them a shameless and dishonest attack on Jewish people and the Jewish state. "I find it incredible these countries have not accused Hamas of genocide when it's in Hamas's charter that they want to commit genocide against Israel."
  121. ^ "South African Christian leaders oppose ICJ charge: Cannot keep silent". Jerusalem Post. 10 January 2024. Archived from the original on 15 January 2024. Retrieved 12 January 2024.
  122. ^ "Concern About Palestinian and Israeli Human Rights Is Not a 'Blood Libel'". Haaretz. Archived from the original on 10 January 2024. Retrieved 10 January 2024.
  123. ^ "Israeli MK Causes Uproar in Knesset After Signing Petition Accusing Israel of Genocide in Gaza". Haaretz. Archived from the original on 9 January 2024. Retrieved 10 January 2024.
  124. ^ "70 Israeli Lawmakers Sign Motion to Expel MK for Supporting ICJ Genocide Charges". Haaretz. Archived from the original on 9 January 2024. Retrieved 10 January 2024.
  125. ^ Husseini, Ibrahim (9 January 2024). "Over 650 Israelis back South Africa ICJ case against Israel". The New Arab. Archived from the original on 10 January 2024. Retrieved 10 January 2024.
  126. ^ Wong, Justin. "Government urged to join genocide case against Israel". The Post. Archived from the original on 11 January 2024. Retrieved 14 January 2024.

Bibliography

External links

Retrieved from "https://en.wikipedia.org/w/index.php?title=South_Africa%27s_genocide_case_against_Israel&oldid=1196640259"