The Hague, January 11, 2024 — South Africa has accused Israel of carrying out genocide in Gaza, urging the International Court of Justice (ICJ) to intervene and halt what it termed Israel’s devastating military campaign in the Palestinian enclave. The accusations were made during the first day of hearings at the ICJ.
South Africa, a staunch supporter of the Palestinian cause since its post-apartheid era, argued that Israel’s offensive aimed at the “destruction of the population” of Gaza. Tembeka Ngcukaitobi, advocate of the High Court of South Africa, asserted that the intent to destroy Gaza had been nurtured at the highest state level, implicating political and military leaders, including Prime Minister Benjamin Netanyahu, as “genocidal inciters.”
“The evidence of genocidal intent is not only chilling; it is also overwhelming and incontrovertible,” Ngcukaitobi added, pointing to Israel’s sustained bombing campaign and statements by Israeli Defence Minister Yoav Gallant regarding a “total blockade” against “human animals.”
Israel vehemently rejected the accusations, labelling them as false and baseless. Israeli foreign ministry spokesperson Lior Haiat accused South Africa of becoming the legal arm of the terrorist organisation Hamas. Haiat argued that South Africa failed to mention Hamas’ actions on October 7, accusing them of massacring and kidnapping Israelis, and emphasised Israel’s right to self-defense.
“We have seen today one of the biggest shows of hypocrisy in history when South Africa became the legal arm of a terror organisation, Hamas,” Haiat said.
South Africa concluded its arguments by requesting emergency measures to stop the war, a move that Israel will respond to during the next hearing on Friday. The ICJ is expected to rule on possible emergency measures later this month, with the genocide allegations proceeding separately, potentially taking years.
Since the launch of Israel’s offensive, nearly all of Gaza’s 2.3 million people have been displaced, creating a humanitarian catastrophe. Adila Hassim, advocate of South Africa’s high court, stressed the urgency of the situation, stating, “Nothing will stop the suffering except an order from this court.”
Pro-Palestinian and pro-Israel demonstrations unfolded outside the ICJ, mirroring the polarised global views on the genocide being committed in the Gaza conflict. Thousands of pro-Israel protesters marched in The Hague city centre, while pro-Palestinian demonstrators called for a permanent ceasefire and humanitarian aid. The ICJ’s decisions are final, but the court lacks enforcement mechanisms.
Human Rights Watch Calls for International Oversight
Human Rights Watch (HRW) has underscored the crucial role of the international community in ensuring Israel’s compliance with any judicial decisions. In a statement, HRW’s Executive Director, Tirana Hassan, praised South Africa for its leadership in addressing the alleged genocidal acts committed by Israel in the Palestinian enclave.
“South Africa is providing important leadership here. It’s really using this important opportunity,” Hassan told Reuters. HRW released its World Report on Thursday, accusing Israel of using the starvation of civilians as a method of warfare in Gaza, constituting a war crime. Israel vehemently denies the charge.
“In the throes of this war, what we have seen is consistent, flagrant violations of international humanitarian law,” Hassan said. HRW documented elements of the crime of starvation in Gaza, highlighting the need for the total and unfettered delivery of humanitarian assistance, including food, fuel, and shelter.
“If Israel does not comply with the measures or orders of the court, then it is up to the international community to ensure that they are leveraging whatever pressure that they can to encourage Israel to actually implement the measures,” Hassan emphasised.
Israel, facing mounting international pressure, has partially lifted its blockade to allow more food and medicine into the territory. However, aid agencies argue that this is insufficient. The call for total and unfettered humanitarian access remains a priority for HRW.
As the ICJ deliberates on the emergency suspension of Israel’s offensive in Gaza, the world watches, and HRW asserts the responsibility of the international community to hold Israel accountable for any judicial decisions that may arise from the proceedings.
This is not the first legal action that South Africa is taking or planning to take with regards to the alleged genocide taking place in Gaza. They had referred Israel to the International Criminal Court in an earlier action, which did not seem to have materialised.
