International Court of Justice makes judgement in South Africa v. Israel case

Date: 9th February 2024
Category: General measures of implementation

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South Africa presented its case at the International Court of Justice (ICJ), alleging Israel had committed genocide against Palestinians in Gaza. The Order of 26 January 2024 by the International Court of Justice established that there is a real and imminent risk of irreparable damage to some of the rights asserted by South Africa and instructed Israel to prevent its military from committing acts which might be considered genocidal, to prevent and punish incitement to genocide, and to enable humanitarian assistance to the people of Gaza.

The South African legal team alleged that Israel has exhibited a "pattern of genocidal conduct" since initiating a full-scale war in Gaza, a territory it has occupied since 1967. The ongoing Israeli bombardment is in response to terror attacks led by Hamas on October 7, resulting in casualties and hostage situations.

The ICJ heard South Africa's assertion that Israel's actions amount to the intentional destruction of Palestinian life, sparing no one, not even infants. As part of their claim, South Africa alleges that 6,000 bombs, including 2,000-pound bombs, targeted Gaza in the first week of Israel's response, hitting designated safe areas and refugee camps.

The South African representative emphasized that these actions constitute a plausible claim of genocidal acts, backed by 13 weeks of evidence demonstrating a consistent pattern of conduct and related intention.

The Court Order of 26 January 2024 established that there is a real and imminent risk of irreparable damage to some of the rights asserted by South Africa and instructed Israel to prevent its military from committing acts which might be considered genocidal, to prevent and punish incitement to genocide, and to enable humanitarian assistance to the people of Gaza.