South Africa has accused Israel of genocide at the International Court of Justice (ICJ), accusing the country of destroying Gaza. The claims were made by South African lawyers as they presented their case accusing Israel of genocide. South Africa called on the court to order Israel to cease military operations in Gaza. Israel, which will present its defense on Friday, has vehemently rejected the accusations as "baseless". The court will deliver only an opinion on the genocide allegation, although it is being closely watched.
Tembeka Ngcukaitobi, a lawyer for the High Court of South Africa, told the ICJ that Israel's "genocidal intent" was evident "from the way in which this military attack is being conducted." South Africa's Justice Minister Ronald Lamola said that no attack "can provide justification for or defend breaches of the [Genocide] Convention". Israel is a signatory to the Genocide Convention of 1948, which defines genocide and commits states to prevent it.
Israel's foreign ministry spokesman Lior Haiat said South Africa's case "utterly distorted the reality in Gaza", saying Hamas attackers had "infiltrated Israel, murdered, executed, massacred, raped and abducted Israeli citizens". He said Israel will continue to protect its citizens in accordance with international law, while distinguishing between Hamas terrorists and the civilian population.
The ICJ is the United Nation's highest court, based in The Hague in the Netherlands. Its rulings are theoretically legally binding on parties to the ICJ, which include Israel and South Africa, but are not enforceable. In 2022, the court ordered Russia to "immediately suspend military operations" in Ukraine, an order that was ignored.
Israel's delegation is expected to highlight its right to self-defense under international law. This week, Prime Minister Benjamin Netanyahu said Israel has no intention of permanently displacing the people of Gaza or occupying the territory. Unlike the International Criminal Court (ICC), the ICJ cannot prosecute individuals for crimes such as genocide, but its opinions carry weight with the UN and other international institutions. South African President Cyril Ramaphosa said that their opposition to the ongoing slaughter of the people of Gaza has driven them as a country to approach the ICJ.
