The International Court of Justice (ICJ) in The Hague is hearing allegations of genocide against Israel. South Africa has taken this lawsuit to the UN highest court over the war in the Gaza Strip and is calling for the suspension of Israeli military operations in the Palestinian territory as an immediate measure. In addition, South Africa accuses Israel of apartheid – the system of so-called racial segregation that South Africa abolished in 1994 and which is defined as a crime under international law.
The decisions of the International Court of Justice are final and cannot be appealed. However, the highest UN court has no way to enforce it. However, a verdict against Israel is likely to significantly damage its reputation in the world. An overview of the court and the case.
The International Court of Justice is the highest judicial organ of the United Nations (UN) and is therefore also called the World Court. The court, founded in 1945 after the Second World War, handles disputes between states. This is where it differs from the International Criminal Court (ICC): this is also based in The Hague, but handles cases of war crimes accused against individuals.
The International Court of Justice has fifteen judges. In the current case, the panel will be expanded with an additional judge for both the plaintiff and the defendant, as they do not have a judge of both nationalities in the court. Israeli Prime Minister Benjamin Netanyahu sent Holocaust survivor Aharon Barak to The Hague – the 87-year-old former president of Israel’s Supreme Court, whose powers the Israeli government wanted to curtail.
The ICJ deals with border disputes and, increasingly, with cases in which states accuse each other of violating obligations under UN treaties. South Africa and Israel are both signatories to the 1948 Genocide Convention, which gives the Court the authority to rule on disputes over that treaty.
The Palestinians, whose fate is the subject of the proceedings, play no official role in The Hague because they are not a member state of the UN. All states that have signed the Genocide Convention, which was established in the aftermath of the Holocaust, are obliged not to commit genocide and to prevent and punish it. The treaty defines genocide as “acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group.”
In 84 pages, South Africa accuses Israel of committing genocide against the Palestinians by killing them in the Gaza Strip, inflicting severe mental and physical harm on them, and creating living conditions “designed to bring about their physical destruction.”
Israel is cited as having failed to provide the people of the Gaza Strip with essential food, water, medicine, fuel, shelter and other humanitarian aid during the more than three-month war against radical Hamas. Reference is made to the continued bombardment of the narrow coastal strip, widespread destruction, the forced escape of about 1.9 million of the total population of about 2.3 million and, according to Palestinian information, more than 23,000 people killed by Israeli forces. to attack.
“The actions are all attributable to Israel, which has failed to prevent genocide and is committing genocide in flagrant violation of the Genocide Convention,” South Africa said. Israel also failed to curb incitement to genocide by its own representatives in violation of the Genocide Convention. South Africa calls on the court to impose emergency measures to put an end to such alleged violations by Israel.
Israeli President Isaac Herzog has described the case filed at the International Court of Justice as “cruel and absurd.” “We will be present before the International Court of Justice and proudly present our case of self-defense based on our inherent right under international humanitarian law.”
The United States, Israel’s closest ally, and Germany, among others, have said they do not share South Africa’s assessment.
The Israeli government has repeatedly stated that it is doing everything it can to prevent civilian casualties in the Gaza Strip. Israel defends itself The Israeli army’s massive offensive from the air, sea and on the ground is a response to Hamas’ surprise attack on southern Israel. According to Israeli figures, the attack killed 1,200 people and abducted 240 people to the Gaza Strip. About 130 hostages are still being held.
The hearings before the International Court of Justice will take place on January 11 and 12. South Africa and Israel each have two hours to present their arguments for or against immediate measures. There are no witness statements or cross-examinations. The presentation consists mainly of legal arguments presented by representatives of the two states and their teams of international lawyers.
The request for emergency measures is a first step in a case that will last several years. They are intended as a kind of temporary restraining order to prevent a dispute from escalating while the judge deals with the case as a whole. The court will not make a final decision on the allegations of genocide in South Africa until the case has been heard on the merits.
This week’s hearings only concern the possible granting of emergency measures by the judges. They typically consist of asking a state not to do anything that could aggravate the legal dispute. South Africa has asked the court to order Israel to suspend its military actions in the Gaza Strip, to stop genocide or take appropriate measures to prevent genocide, and to submit regular reports on such measures to the International Court of Justice. A decision on the measures is expected in the weeks after the hearings.
If the court finds that it has prima facie jurisdiction, the case will be heard further at the Peace Palace in The Hague. This also applies if the judge decides against immediate measures. Israel would then have another chance to argue that the court had no legal reason to consider South Africa’s claim and file a so-called preliminary objection – which only concerns issues of jurisdiction. If the court rejects this objection, the judges can hear the case in further public hearings.
It is not unusual for several years to pass between the initial filing of the lawsuit and the actual hearing of the case.
Used sources:
Soource :Watson
I am Amelia James, a passionate journalist with a deep-rooted interest in current affairs. I have more than five years of experience in the media industry, working both as an author and editor for 24 Instant News. My main focus lies in international news, particularly regional conflicts and political issues around the world.
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