Here’s what you need to know about the proceedings before the UN court: Did Israel commit genocide in Gaza?

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From Thursday, Israel will have to defend itself against accusations of genocide. South Africa has sued the country over the attacks on the Gaza Strip. The process is very explosive. The following overview answers the most important questions.

The International Court of Justice is the highest court of the United Nations. This world court should not be confused with the International Criminal Court, which is also located in The Hague. This concerns individual accusations, while the UN Court of Justice must decide on conflicts between states. Both Israel and South Africa may send one judge each, in addition to the permanent panel of fifteen judges. Israel sends former Supreme Court judge Aharon Barak, 87, a Holocaust survivor.

In the 84-page lawsuit, South Africa describes Israel’s violence against the Palestinians in the Gaza Strip as genocide. Israel kills Palestinians, “inflicts severe mental and physical harm on them and creates living conditions aimed at their physical destruction.”

South Africa cites the high death toll of more than 21,000 in the Gaza Strip, Israeli bombings, forced displacement, attacks on hospitals and maternity wards, and the blockade of the area, which has led to shortages of food and drinking water. The country cites UN experts, witnesses and aid organizations. According to the authorities, who are under the control of the Islamist Hamas, the number of victims has now risen to more than 23,000.

Statements by Israeli ministers are also cited as evidence of genocidal intent. South Africa speaks of “direct and public incitement to genocide.” In the aftermath of the October 7 massacre, in which terrorists from Islamist Hamas and other groups in Israel killed more than 1,200 people, Defense Minister Joav Galant spoke of “human animals” and declared: “We will wipe out everything.”

South Africa invokes the UN Genocide Convention. Both states have signed this treaty and have committed themselves not only not to commit genocide, but also to prevent and punish it. The convention defines genocide as an act “committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group as such.”

Israel firmly rejects the accusations and invokes the right to self-defense after the October 7 attacks. “The Hamas rape machine bears full moral responsibility for all victims in this war.” Everything was done to protect civilians, it was said.

South Africa will first explain its complaint on Thursday. Israel has the opportunity to respond on Friday. This hearing will initially focus on an urgent application from South Africa. It had called on the court to order an immediate end to military violence and protect the rights of Palestinians.

UN judges do not yet have to determine whether genocide has actually been committed. The possibility that the treaty was violated would be sufficient. That is a low threshold for a decision. But it is also true that there must be clear evidence of Israel’s intention to exterminate the Palestinians. Then, in theory, the judges could order Israel to immediately end the violence to prevent further damage. It is expected that a decision on the urgent application will be made in a few weeks. Any decision of the international court is binding. However, the court has no authority to enforce enforcement. A possible guilty verdict would mainly have a symbolic effect. International pressure on Israel would continue to increase and could damage the country’s reputation.

However, the decision whether Israel committed genocide will only come much later. Such procedures can take years. (SDA/a)

Source: Blick