The biggest international challenge to Israel’s assault in Gaza to date was launched on Thursday , January 11, 2024 when the International Court of Justice (ICJ) opened hearing arguments in South Africa’s genocide lawsuit against Israel.

Under international humanitarian law, proving charges of genocide is incredibly difficult. Furthermore, ICJ rulings aren’t always simple to implement, even if South Africa is able to demonstrate that Israel is perpetrating genocide, failing to prosecute incitement to genocide, or failing to stop genocide from happening.

However, these first discussions aren’t going into that complex area just yet. Instead, the focus is on whether the International Court of Justice (ICJ) will find that Israel must immediately halt its assault in Gaza and will make its decision after hearing arguments from South Africa and Israel on Thursday and Friday. If such verdict is given, Israel may choose to disregard it, but it may also deter Israel’s friends from backing the war.

In violation of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, South Africa’s 84-page application claims that “the acts and omissions by Israel complained of by South Africa 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.”

Adila Hassim, one of the lawyers presenting South Africa’s case, told the judges and audience gathered at the Peace Palace in The Hague on Thursday. “Genocides are never declared in advance, but this court has the benefit of the past 13 weeks of evidence that shows incontrovertibly a pattern of conduct and related intention.”

S. Africa’s Case Against Israel

Following the attack by Hamas on October 7, South Africa claims that Israel is committing genocide against the Palestinian people.

Approximately 240 hostages were taken captive by hundreds of Hamas gunmen who fled the Gaza Strip into southern Israel, killing 1,300 people—mostly civilians.

More than 23,000 Palestinians, mostly women and children, have died in Gaza since Israel began its military campaign against Hamas in retaliation, according to the health ministry headed by Hamas.

South Africa's Legal team for the Case — South Africa’s Legal team for the Case

Furthermore, according to South African evidence, Israel’s “acts and omissions” “are genocidal in character because they are intended to bring about the destruction of a substantial part of the Palestinian national, racial, and ethnic group.”

This relates to both the things that Israel is supposedly failing to do—such, according to South Africa, preventing harm to civilians—and the things that it is actually doing, like conducting airstrikes.

Additionally, the argument emphasizes public statements made in Israel, particularly those made by Prime Minister Benjamin Netanyahu, as proof of “genocidal intent”.

Genocide is defined by international law as the commission of one or more actions with the purpose to completely or partially obliterate a national, ethnic, racial, or religious group.

These actions are:

killing or seriously hurting group members physically or mentally;
purposefully imposing conditions on the group that are calculated to lead to its physical destruction entirely or in part;
putting in place restrictions to stop group members from getting married
forcing group members’ children to move to another group

Israel’s response to S. Africa

South Africa’s claim has been sharply rejected by Israel. “No, South Africa, it is not us who have come to commit genocide; it is Hamas,” stated Mr. Netanyahu.

“If it could, it would kill us all. In contrast, the IDF [Israel Defense Forces] is acting as morally as possible.”
According to the Israeli military, numerous precautions are taken to prevent civilian casualties like distributing pamphlets alerting people to impending attacks, calling phones to ask people to evacuate certain buildings, and stopping some strikes when people are in the way.

Furthermore, the Israeli government has made it clear time and time again that it intends to destroy Hamas—not the Palestinian people.

UK Prime Minister Rishi Sunak, according to a spokesman, thought South Africa’s case was “completely unjustified and wrong.”

“The court of peace is not served by this judicial action. The government of the United Kingdom supports Israel’s unquestionable right to self-defense within the bounds of international law.”

How can the ICJ help Gaza?

“Immediately suspend its military operations in and against Gaza” is what South Africa wants the International Court of Justice to rule against Israel.

However, it is almost a given that Israel would not follow such an order and could not be forced to do so.
Rulings are technically legally binding on parties to the ICJ – which include Israel and South Africa – but in practice, unenforceable.

A child in Gaza is seen mourning besides dead bodies

Russia disregarded the International Court of Justice’s 2022 ruling to “immediately suspend military operations” in Ukraine.

On South Africa’s plea that Israel halt its military assault, the International Court of Justice could rule swiftly.
Theoretically, this would shield the Palestinians from what could turn out to be genocide. However, a definitive decision regarding Israel’s potential for genocide may take a number of years.

Furthermore, Israel is still at war in Gaza, the Hamas-ruled Palestinian enclave. On October 7, 1,200 people were killed and 240 hostages—many of whom have since been freed—by Hamas and fighters from Palestine Islamic Jihad, sparking the start of the conflict.

Since then, Israel has killed more than 23,000 people including more than 10,000 children, according to Gaza’s ministry of health; internally displaced 1.9 million; and damaged or destroyed about 70 percent of the homes and 50 percent of the buildings in the region.