UN court hears South Africa genocide case against Israel

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THE HAGUE. The International Court of Justice (ICJ), the United Nations’ top court, is currently reviewing a case brought forth by South Africa, accusing Israel of committing genocide against Palestinians in Gaza. The submission also calls for the court to order Israel to cease its military operations in the region.

While the ICJ will only provide an opinion on the genocide allegation, stressing that it is not a criminal trial, the case has attracted widespread attention. Israel vehemently denies the accusations, labeling them as “baseless.”

Outside the ICJ’s Peace Palace in The Hague, Dutch police struggled to maintain order as Palestinian and Israeli supporters clashed. Pro-Palestinian demonstrators, waving flags, called for a ceasefire, while Israeli supporters displayed images of hostages still held in Gaza.

South Africa presented its case on Thursday, asserting that Israel’s actions aim to destroy a substantial part of the Palestinian national, racial, and ethnic group. The submission outlines allegations of killing Palestinians, causing them harm, and imposing conditions intended to bring about their physical destruction.

Israel is set to present its defense on Friday, justifying its actions as responses to Hamas’s attacks on October 7. South Africa’s Justice Minister Ronald Lamola argued in court that no attack justifies breaches of the Genocide Convention, to which Israel is a signatory.

The ICJ, although its rulings are theoretically binding, lacks enforceability. In 2022, a similar order to Russia to suspend military operations in Ukraine was ignored.

The term “genocide” under international law involves acts with the intent to destroy, in whole or in part, a national, ethnic, racial, or religious group. The ICJ cannot prosecute individuals for crimes like genocide, but its opinions hold weight with the UN and other international institutions.

While South African President Cyril Ramaphosa condemned the ongoing violence in Gaza, Israeli President Isaac Herzog dismissed the accusations as “atrocious and preposterous.” The ICJ’s ruling on South Africa’s request for Israel to halt its military campaign could come swiftly, but a final decision on the genocide allegation may take years. The historical context of South Africa’s opposition to Israel draws parallels with its own struggle against apartheid.

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Si Venus L Peñaflor ay naging editor-in-chief ng Newsworld, isang lokal na pahayagan ng Laguna. Publisher din siya ng Daystar Gazette at Tutubi News Magazine. Siya ay isa ring pintor at doll face designer ng Ninay Dolls, ang unang Manikang Pilipino. Kasali siya sa DesignCrowd sa rank na #305 sa 640,000 graphic designers sa buong daigdig. Kasama din siya sa unang Local TV Broadcast sa Laguna na Beyond Manila. Aktibong kasapi siya ng San Pablo Jaycees Senate bilang isang JCI Senator.