The convention outlines any of the following acts committed with the intent to destroy national, ethnical, racial, or religious groups:

a) Killing members of the group;

b) Causing serious bodily or mental harm to members of the group;

c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;

d) Imposing measures intended to prevent births within the group;

e) Forcible transferring children of the group to another group.

Upon presenting its case, the South African representative said that it recognises the “ongoing Nakba of the Palestinian people through Israel’s colonisation since 1958”.

Meanwhile, outside the court in Hague, over 1,000 people, and counting, are demonstrating in solidarity with Palestine.

South Africa is asking the UN court to act urgently to protect against “further, severe, and irreparable harm to the rights of the Palestinian people under the genocide convention, which continues to be violated with impunity”.

The ICJ was established in 1945 as a means of settling disputes between countries, it is the highest legal body that can adjudicate on issues between member states. It provides advisory opinions on legal questions and handles contentious cases. 

The case between Israel and South Africa is a contentious case meaning both parties gave their consent – including through previous agreements.

South Africa is requesting that the ICJ prevent Israel from committing further crimes in Gaza through provisional measures which are essentially an emergency order that can be applied before the main case begins.

It argues that such measures are necessary to protect Palestinians against further harm.

Israel denies the allegations while the EU has been silent on the case. 

The court is one of the six principal organs of the United Nations. It’s made up of 15 judges appointed for nine-year terms through elections at the UN General Assembly (UNGA) and the Security Council (UNSC). The court’s rulings are binding and cannot be appealed by member states, but it depends on the UNSC to enforce the decisions.

Do you think that this case will help curb the destruction in Gaza?