Pretoria – South Africa on Friday announced that it has approached the International Court of Justice under the Genocide Convention concerning acts committed by Israel in the context of its attacks on Gaza
“South Africa is gravely concerned with the plight of civilians caught in the present Israeli attacks on the Gaza Strip due to the indiscriminate use of force and forcible removal of inhabitants,” the SA Department Of International Relations and Cooperation said.
At least 21 320 Palestinians have been killed and 55 603 injured in Israeli strikes on Gaza since 7 October, a spokesperson from the Hamas-run Gaza health ministry said on Thursday.
The killings by the Israeli Defence Forces were in retaliation to the October 7 attacks by Hamas militia that killed at least 1 200 Israelis.
Commenting on the high number of civilian deaths in the enclave, the department said: “Furthermore, there are ongoing reports of international crimes, such as crimes against humanity and war crimes, being committed as well as reports that acts meeting the threshold of genocide or related crimes as defined in the 1948 Convention on the Prevention and Punishment of Genocide, have been and may still be committed in the context of the ongoing massacres in Gaza”.
The department said South Africa has repeatedly stated that it condemns all violence and attacks against all civilians, including Israelis.
“Moreover, South Africa has continuously called for an immediate and permanent ceasefire and the resumption of talks that will end the violence arising from the continued belligerent occupation of Palestine,” said the department.
“As a State Party to the Convention on the Prevention and Punishment of the Crime of Genocide, South Africa is under a treaty obligation to prevent genocide from occurring.
“Therefore, at a special meeting held on 8 December 2023, Cabinet directed that the International Court of Justice in The Hague be approached to obtain an order directing Israel, which is also a State Party, to refrain from any acts that may constitute genocide or related crimes under the Convention.”
The department said an application in this regard was filed before the Court Today, (29 December 2023), in which the Court is requested to declare on an urgent basis that Israel is in breach of its obligations in terms of the Genocide Convention, should immediately cease all acts and measures in breach of those obligations and take several related actions.
According to the Application, “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”.
The Application adds: “The conduct of Israel — through its State organs, State agents, and other persons and entities acting on its instructions or under its direction, control or influence – in relation to Palestinians in Gaza, is in violation of its obligations under the Genocide Convention”.
The Applicant further states that “Israel, since 7 October 2023 in particular, has failed to prevent genocide and has failed to prosecute the direct and public incitement to genocide” and that “Israel has engaged in, is engaging in and risks further engaging in genocidal acts against the Palestinian people in Gaza”.
