The International Court of Justice is set to commence hearing sessions today, Thursday, in a case that may tarnish Israel's reputation, with South Africa accusing it of committing genocide in its war on Gaza. Following is a summary of 7 questions to clarify this matter as outlined by The Guardian newspaper:
What is the International Court of Justice?
It is the principal judicial organ of the United Nations, established in 1945 and headquartered in The Hague. It is tasked with resolving disputes between states and providing advisory opinions. The court includes 15 judges who will be joined by an additional judge from each side in the case against Israel, elected for nine-year terms by the United Nations General Assembly and the Security Council.
What is the case that South Africa has brought against Israel?
South Africa accuses Israel of committing genocide in its war on Gaza. In its 84-page file, it alleges that Israel failed to prevent genocide and failed to prosecute those responsible who openly incited genocide.
South Africa seeks a ruling to compel Israel to take interim measures to prevent the situation from worsening while the case is being adjudicated.
What is the legal definition of genocide?
The Genocide Convention, ratified by 153 countries including Israel, defines genocide as any act committed with the intent to destroy, in whole or in part, a national, ethnic, racial or religious group.
These acts include killing members of the group, causing serious bodily or mental harm, deliberately inflicting conditions calculated to bring about the group's physical destruction, imposing measures intended to prevent births, and forcibly transferring children of the group to another group.
The intent to commit genocide remains "the most difficult element to determine" according to the United Nations definition.
What has Israel said?
Immediately after the case was launched, Israeli Foreign Ministry spokesman Lior Haiat issued a strong rebuke to South Africa, calling the allegations "baseless".
Haiat stated, "Israel utterly rejects the blood libel propagated by South Africa in its application to the International Court of Justice. Their claim lacks any factual or legal basis, and constitutes a despicable and humiliating exploitation of Israel."
How long could this case take?
The full case, which begins today, Thursday, with two days of hearings, is likely to take years. However, an interim measure could be issued within weeks.
For an interim order, South Africa does not need to prove the occurrence of genocide but to demonstrate that the Court prima facie, or 'at first sight', has jurisdiction, and that some of the acts included in its complaint—such as the death toll and forced displacement of Palestinians in Gaza—might fall under the purview of the Genocide Convention.
Even if the Court decides not to take interim measures, it can still determine that it has jurisdiction to consider the case and proceed with it.
Does South Africa's request have support from other countries?
The Organisation of Islamic Cooperation, comprising 57 countries including many African and Muslim-majority countries like Turkey and Malaysia, which have also issued separate statements of support, welcomed South Africa's request.
What significance would this ruling have?
The Court's decision is final and not subject to appeal, but it does not have enforcement powers, and it is not clear whether Israel would comply with it. However, such a ruling could harm Israel's reputation and create a legal precedent.
