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South Africa initiates legal action against Israel at International Court of Justice

South Africa has invoked the Genocide Convention, initiating proceedings before the International Court of Justice (ICJ), also known as the World Court, accusing Israel of ‘genocidal acts’ against Palestinians in the Gaza Strip and seeking provisional measures. The ICJ is the United Nations venue for resolving disputes between states. Although ICJ rulings are binding under the UN charter, it has no means of enforcing them. South Africa believes the move would mobilise the international community into taking action to resolve the Palestine Question. The Israeli Foreign Ministry labeled South Africa's move as a ‘blood libel’ and dismissed the accusations as ‘baseless’.

December 29, 2023 at 6:06 pm

South Africa on Friday filed an application instituting proceedings against Israel before the International Court of Justice (ICJ), requesting the court to indicate provisional measures, Anadolu Agency reports.

The application filed “concerning alleged violations by Israel of its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide in relation to Palestinians in the Gaza Strip,” the ICJ said in a press release.

“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,” read the statement.

South Africa initiates legal action against Israel at International Court of Justice

It added: “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 statement added, citing the application.

South Africa also accused Israel of “failing to prevent genocide” and “prosecuting the direct and public incitement to genocide” in the application.

“Israel has engaged in, is engaging in and risks further engaging in genocidal acts against the Palestinian people in Gaza,” the African country defended.

It also requested the ICJ to “indicate provisional measures in order to protect against further, severe and irreparable harm to the rights of the Palestinian people under the Genocide Convention and to ensure Israel’s compliance with its obligations under the Genocide Convention not to engage in genocide, and to prevent and to punish genocide.”

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