South Africa Accuses Israel of Genocide: A New Legal Battle at the ICJ



by FARUK IMAMOVIC

South Africa Accuses Israel of Genocide: A New Legal Battle at the ICJ
© Getty Images/Maja Hitij

South Africa has taken a significant legal step by filing an application at the International Court of Justice (ICJ) against Israel, alleging genocide in its military operations against Hamas in Gaza. According to the ICJ's statement, South Africa argues that Israel’s actions violate the Genocide Convention.

They claim that Israel's actions in Gaza are genocidal in nature, as they are purportedly committed with the specific intent to destroy Palestinians as part of a broader national, racial, and ethnic group.

Reactions from Israel and Palestine

Israel, through its Ministry of Foreign Affairs, has strongly rejected South Africa's claims and application.

The ministry contends that South Africa's move is tantamount to calling for the destruction of the State of Israel, asserting that the claims lack both factual and legal grounds. On the other hand, the Palestinian Ministry of Foreign Affairs has welcomed South Africa's actions.

In their statement, they urged the ICJ to take immediate action to protect the Palestinian people and called on Israel to halt its military operations for an objective legal resolution.

The Biden Administration’s Military Support to Israel

Amidst these legal proceedings, the Biden administration has approved a substantial sale of military equipment to Israel, bypassing Congress for the second time in a month.

This recent approval, as informed by Secretary of State Antony Blinken to Congress, includes an emergency determination for the transfer of 155mm ancillary items, with the total sale now amounting to $147.5 million. Earlier in the month, the administration had expedited a sale of over 13,000 tank shells to Israel, again circumventing the standard 20-day review period typically afforded to congressional committees.

The State Department emphasized the urgency of Israel's defensive needs for these transfers. However, they also reiterated the necessity for Israel to comply with international humanitarian law and take steps to avoid harm to civilians.

This $106 million transaction is part of a larger request for a total of 45,000 tank shells to Israel, underlining the continued military support from the United States amidst the ongoing conflict.

International Implications

These developments highlight the complexities of the Israeli-Palestinian conflict, now spilling into international legal forums.

South Africa's application to the ICJ marks a new chapter in the international community's engagement with the issue, reflecting the growing concerns about the conflict's humanitarian impact. With legal accusations of genocide on one side and significant military support on the other, the international community remains deeply divided on how to address the ongoing crisis in Gaza.

South Africa