South Africa Initiates ICJ Proceedings Against Israel, Alleging Genocide in Palestine

International Court of Justice Law Insider

LI Network

Published on: January 2, 2024 at 11:00 IST

South Africa has taken a significant step by initiating proceedings against Israel at the International Court of Justice (ICJ), alleging violations of the Convention on the Prevention and Punishment of the Crime of Genocide concerning Palestinians in the Gaza Strip. 

The ICJ’s official press release highlighted South Africa’s allegations that Israel’s actions and omissions are genocidal in nature, intending to eliminate Palestinians in Gaza as part of the broader Palestinian group. According to South Africa’s application, Israel’s conduct violates its obligations under the Genocide Convention. 

The application specifically accuses Israel of failing to prevent and prosecute genocide-related actions, particularly since October 7, 2023. It alleges that Israel’s actions, including incitement to genocide, pose a significant risk of further genocidal acts against the Palestinian population in Gaza. 

These legal proceedings have been launched under Article 36, paragraph 1, of the ICJ Statute and Article IX of the Genocide Convention, to which both South Africa and Israel are parties. 

The application also includes a request for provisional measures to safeguard the rights of the Palestinian people under the Genocide Convention and ensure Israel’s compliance with its obligations, seeking the ICJ’s intervention to prevent further irreparable harm.

Related Post