War in the Middle East - Case before the International Court of Justice: South Africa accuses Israel of genocide
South Africa has accused Israel of genocide against the Palestinians in the Gaza Strip before the highest court of the United Nations. The complaint filed with the International Court of Justice (ICJ) in The Hague on Friday also demands that Israel be ordered to cease its attacks in Gaza, the ICJ announced. South Africa claimed that the actions of the Israeli armed forces were "genocidal in character", as they were aimed at destroying the Palestinians in the area.
South Africa is basing its complaint on the UN Genocide Convention, as both it and Israel have signed the convention. The government in Pretoria has traditionally maintained good relations with the Palestinian territories. South African politicians have repeatedly drawn comparisons with apartheid policies in the past in their own country.
Israel firmly rejected South Africa's accusations. "South Africa's complaint lacks both factual and legal basis," an Israeli Foreign Ministry spokesperson wrote on X, formerly Twitter, on Friday evening. "South Africa is cooperating with a terrorist organization (Hamas) that calls for the destruction of the State of Israel." Hamas is solely and exclusively responsible for the suffering of the Palestinians in the Gaza Strip. In the military fight against Hamas, Israel is doing everything it can to minimize the damage to the civilian population.
According to its statute, the ICJ should settle conflicts between states as peacefully as possible. Its rulings are generally binding. However, the UN judges do not have the power to force a state to implement a ruling. They can, however, call on the UN Security Council to take action in the matter.
First hearing possibly within a few weeks
Legal experts in The Hague assume that there could be an initial hearing on South Africa's demands within a few weeks. However, if the ICJ then opens proceedings, it could be years before a verdict is reached.
The ICJ was last called upon in March 2022 by the government in Kiev in connection with the Russian aggression against Ukraine for an alleged violation of the 1948 Genocide Convention. The accusation is not tenable, Russia's lawyers argued at the ICJ. Kiev is attempting to abuse the court with false accusations.
In Ukraine's complaint, Russia is accused of justifying the invasion with the false claim that the Russian population in the eastern Ukrainian regions of Luhansk and Donetsk had to be protected from genocide. In reality, it is the Russian troops who are committing crimes against humanity in Ukraine. According to experts, these proceedings could also drag on for years. Ukraine is being supported by more than 30 other countries, including Germany.
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- South Africa's accusation against Israel for genocide in the Gaza Strip is based on the UN Genocide Convention, as both countries are signatories.
- The Israeli Foreign Ministry dismissed South Africa's accusations, stating that they lack a factual and legal basis, and accusing South Africa of cooperating with the terrorist organization Hamas.
- The Palestinian territories have traditionally enjoyed good relations with the South African government, with South African politicians often drawing parallels between Israeli actions and apartheid policies in their own country.
- The International Court of Justice (ICJ) in The Hague is expected to hold an initial hearing on South Africa's demand within a few weeks, with a verdict possibly taking years.
- Ukraine brought a similar case before the ICJ in March 2022, accusing Russia of violating the 1948 Genocide Convention in Ukraine and committing crimes against humanity.
- In the Ukraine case, Russia's lawyers argue that Kiev is attempting to abuse the court with false accusations, while Ukraine is being supported by more than 30 other countries, including Germany.
- If the ICJ determines that a state has committed genocide, it has the power to call on the UN Security Council to take action, but it does not have the power to enforce rulings.
- Tel Aviv, the largest city in Israel, and Pretoria, the capital of South Africa, are two major cities in the Middle East that have been deeply involved in ongoing conflicts and accusations of genocide.
Source: www.stern.de
