What chance does South Africa’s genocide case against Israel have at the International Court of Justice?

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Palestinian women mourn their relatives who were killed in an overnight Israeli strike on the Al-Maghazi refugee camp in the central Gaza Strip on December 24, 2023. Israel is now facing a case of genocide at the UN’s top judicial agency over its indiscriminate strikes on Palestinian civilian centers in Gaza. (AFP)
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Indiscriminate shellings and bombings by Israeli defense forces have killed more than 20,000 people in Gaza and displaced hundreds of thousands more from their homes. (AFP)
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Updated 05 January 2024
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What chance does South Africa’s genocide case against Israel have at the International Court of Justice?

  • The South African government has accused Israel of breaching its obligations under the Genocide Convention
  • If the court finds there is a “plausible risk” of Israel committing genocidal acts in Gaza, pressure will grow for a ceasefire

LONDON: South Africa’s decision to bring a case against Israel at the UN’s top judicial agency over what it describes as “genocidal acts” in Gaza represents a watershed moment for international law, according to experts.

The International Court of Justice confirmed it has received an 84-page suit, filed on Dec. 29, detailing purported brutal practices in breach of Israel’s obligations under the Genocide Convention, and said a hearing will take place on Jan. 11 and 12.

Michelle Kelsall, a senior lecturer in international law at the SOAS University of London and co-director of the Centre for Human Rights Law, said an ICJ ruling that finds there is a “plausible risk” of Israel committing genocidal acts would mark an important development in the push for a ceasefire agreement.




South African President Cyril Ramaphosa, shown in this September 19, 2023, photo at the UN General Assembly, has accused Israel ofthe crime of genocide against Palestinians in Gaza. (AFP)

“If the court does determine that there is a plausible risk to genocidal acts being committed, it may order provisional measures in line with what South Africa is requesting, which would be in keeping with recent case law determined by the court,” Kelsall told Arab News.

“Notably, it does not need to determine if Israel is committing genocidal acts in order for the obligation to prevent to be invoked, or to order provisional measures. It is sufficient that a plausible risk of genocide occurring has been proven, based on the evidence presented.”

Such evidence includes not only mass casualties, which now exceed 22,000 according to the Hamas-run health ministry in Gaza, but impediments to births through damage to essential health services, the destruction of homes, blockades preventing the provision of food, water and medical assistance, and widespread expulsions and displacement of Gazans.

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These actions, the suit argues, can only be read as being “intended to bring about destruction (of Palestinians) as a group,” in violation of the 1948 convention’s definition of genocide as “acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group.”

Furthermore, the suit argues that statements by Israeli officials, including embattled Prime Minister Benjamin Netanyahu, demonstrate the “genocidal intent” necessary to prove a claim of genocide.

Cited evidence of this includes Netanyahu’s comparison of Palestinians to the biblical story of the Amalek nation, which God ordered Israelites to destroy, and his assertion on Dec. 26 that the fighting would be “deepened” despite the high civilian death toll.




In a sign of utter disregard of Palestinian lives, Israeli Prime Minister Benjamin Netanyahu has warned that the offensive in Gaza would be “deepened” despite the high civilian death toll. (Pool photo via Reuters/File)

Mai El-Sadany, a human rights lawyer and director of the Tahrir Institute for Middle East Policy, recently told Al Jazeera that the South African legal documentation was particularly prescient, given what she described as “heightened disinformation around the war.”

She said the case would have significant implications, adding that the proceedings within the ICJ were “important in slowing the normalization of any mass atrocities committed by Israel.”

El-Sadany added: “They send a message that if a country commits mass atrocities, as Israel is doing, it must expect to be brought before an international court, for its record to be critiqued against international norms, and for its reputation on the international stage to take a hit.”


FASTFACTS

FASTFACTS South Africa’s 84-page suit accuses Israel of breaching the Genocide Convention.

The International Court of Justice hearing at the Hague will take place Jan. 11-12.


Kelsall said Israel’s allies might also find themselves in the spotlight, as “the Court stands to make an important pronouncement regarding obligations to prevent genocide more generally, which could have ramifications for states other than South Africa and Israel.”

This, she added, reflects the ICJ’s assertion following the 1995 Bosnian genocide that the obligation to prevent such crimes must take into account the geographical distance of the state concerned from the scene of the crimes, and the strength of political connections and ties of other kinds.

“While South Africa may have limited capacity to do more than it already has (in requesting provisional measures from the court), several other states, including the US and the UK, may be put on notice of a much more significant obligation to prevent genocide,” said Kelsall.




This picture taken on January 3, 2024 shows a view of buildings destroyed by Israeli bombardment in the central Gaza Strip amid the ongoing conflict between Israel and the Palestinian militant group Hamas. (AFP)

Israel’s Foreign Ministry condemned the filing of the case as “despicable and contemptuous exploitation” of the ICJ, and accused the South African government of “blood libel” and being “criminally complicit” in the Oct. 7 attacks by Hamas on Israel.

Nonetheless, Israeli officials appear to be taking the move seriously. The government’s spokesperson, Eylon Levy, confirmed it would defend its practices at the court in The Hague, with American lawyer Alan Dershowitz reportedly in line to lead the defense.

This is in itself an indication of the potential ramifications for the Israeli government, with some commentators suggesting the nation might face a bevy of sanctions as domestic pressure forces the hands of allies in London and Washington.

Sarang Shidore, director of the Washington-based Quincy Institute, told Al Jazeera a ruling in favor of South Africa’s case would certainly put pressure on the Biden administration in this presidential election year.

A ruling against Israel could have “implications for the standing of the US,” he said.

“The Biden administration is increasingly vulnerable to domestic opponents of the war and international charges of double standards (but) my sense is that the Biden administration, and some key European allies, will strongly back Israel at the ICJ. We shall see.”

 


Lebanon security official says Israel struck central Beirut

Updated 3 sec ago
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Lebanon security official says Israel struck central Beirut

BEIRUT: A Lebanese security official told AFP that an Israeli strike hit a central neighborhood of the capital Beirut on Monday, the third such attack in the last 24 hours.
“An Israeli air strike hit close to the Al-Zahraa Husseiniya in Zuqaq Al-Blat,” he told AFP requesting anonymity, referring to a Shiite place of worship in the densely-populated district. An AFP correspondent in a nearby area heard two blasts, while reporters in another part of Beirut heard ambulance sirens.

US hits Israeli settler group with sanctions over West Bank violence

Updated 7 min 37 sec ago
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US hits Israeli settler group with sanctions over West Bank violence

  • Sanctions block Americans from any transactions with Amana and freeze its US-held assets
  • Settler violence had been on the rise prior to the eruption of the Gaza war, and has worsened since the conflict began

WASHINGTON: The United States imposed sanctions on Monday on an Israeli settler group it accused of helping perpetrate violence in the occupied West Bank, which has seen a rise in settler attacks on Palestinians.
The Amana settler group “a key part of the Israeli extremist settlement movement and maintains ties to various persons previously sanctioned by the US government and its partners for perpetrating violence in the West Bank,” the Treasury Department said in a statement announcing the sanctions.
The sanctions also target a subsidiary of Amana called Binyanei Bar Amana, described by Treasury as a company that builds and sell homes in Israeli settlements and settler outposts.
The sanctions block Americans from any transactions with Amana and freeze its US-held assets. The United Kingdom and Canada have also imposed sanctions on Amana.
Israel has settled the West Bank since capturing it during the 1967 Middle East war. Palestinians say the settlements have undermined the prospects for the establishment of a Palestinian state in the West Bank and the Gaza Strip with East Jerusalem as its capital.
Israel views the West Bank as the biblical Judea and Samaria, and the settlers cite biblical ties to the land.
Settler violence had been on the rise prior to the eruption of the Gaza war, and has worsened since the conflict began over a year ago.
Most countries deem the settlements illegal under international law, a position disputed by Israel which sees the territory as a security bulwark. In 2019, the then-Trump administration abandoned the long-held US position that the settlements are illegal before it was restored by President Joe Biden.
Last week, nearly 90 US lawmakers urged Biden to impose sanctions on members of members of Israeli Prime Minister Benjamin Netanyahu’s government over anti-Palestinian violence in the West Bank.


Around 100 projectiles fired from Lebanon into Israel: army

Israel’s Iron Dome missile defence system intercepts incoming projectiles over Tel Aviv. (File/AFP)
Updated 11 min 8 sec ago
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Around 100 projectiles fired from Lebanon into Israel: army

  • Israel’s first responders said two people, including a 65-year-old woman with a shrapnel wound to the neck, sustained light injuries in northern Israel

JERUSALEM: The Israeli military said Hezbollah fired around 100 projectiles from Lebanon into northern Israel on Monday, with the country’s air defense system intercepting some of them.
Israel’s first responders said two people, including a 65-year-old woman with a shrapnel wound to the neck, sustained light injuries in northern Israel and were taken to hospital.
The military said in a first statement that “as of 15:00 (1300 GMT), approximately 60 projectiles that were fired by the Hezbollah terrorist organization have crossed from Lebanon into Israel today.”
Later it said, “following the sirens that sounded between 15:09 and 15:11 in the Western Galilee area, approximately 40 projectiles were identified crossing from Lebanon into Israeli territory.”
Israel has escalated its bombing of targets in Lebanon since September 23 and has since sent in ground troops, following almost a year of limited, cross-border exchanges of fire begun by the Iran-backed Hezbollah militants in support of Hamas in Gaza.


‘No plan B’ to aid Palestinian refugees: UNRWA chief

Updated 11 min 41 sec ago
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‘No plan B’ to aid Palestinian refugees: UNRWA chief

  • Israel ordered ban on organization that coordinates nearly all aid in war-ravaged Gaza
  • UNRWA provides assistance to nearly six million Palestinian refugees

GENEVA: There is no alternative to the UN agency supporting Palestinian refugees, its chief said Monday, following Israel’s order to ban the organization that coordinates nearly all aid in war-ravaged Gaza.
“There is no plan B,” the head of the United Nations Relief and Works Agency for Palestine Refugees, Philippe Lazzarini, told reporters in Geneva.
Within the UN “there is no other agency geared to provide the same activities,” providing not only aid in Gaza but also primary health care and education to hundreds of thousands of children, he said.
He has called on the UN, which created UNRWA in 1949, to prevent the implementation of a ban on the organization in Israel and occupied East Jerusalem, which was approved by the Israeli parliament last month.
The ban, which is due to take effect in January, sparked global condemnation, including from key Israeli backer the United States.
UNRWA provides assistance to nearly six million Palestinian refugees across Gaza, the West Bank, Lebanon, Jordan and Syria.
Israel has long been critical of the agency, but tensions escalated after Israel in January accused about a dozen of its staff of taking part in Hamas’s attack on southern Israel on October 7, 2023.
A series of probes found some “neutrality related issues” at UNRWA and determined that nine of the agency’s roughly 13,000 employees in Gaza “may have been involved” in the attack, but found no evidence for Israel’s central allegations.
Lazzarini was in Geneva for a meeting of UNRWA’s advisory commission to discuss the way forward at the organization’s “darkest moment.”
“The clock is ticking fast,” he told the commission, according to a transcript.
Describing Gaza as “an unrelenting dystopian horror,” he warned that “what hangs in the balance, is the fate of millions of Palestine refugees and the legitimacy of the rules-based international order that has been in place since the end of the Second World War.”
Anton Leis, head of Spain’s international cooperation and development agency and chair of the advisory committee, told reporters that there was “simply no alternative to UNRWA,” which he said had seen more than 240 staff members killed in Gaza since the start of the war.
“It is the only organization that possesses the staff, the infrastructure and the capacity to deliver lifesaving assistance to Palestinian refugees at the scale needed, especially in Gaza,” he said.
Lazzarini agreed, saying that “If you are talking about bringing in a truck with food, you will surely find an alternative,” but “the answer is no” when it comes to education and primary health care.
Lazzarini warned that a halt to UNRWA’s activities in Israel and East Jerusalem would block it from coordinating massive aid efforts inside Gaza.
“This would mean we could not operate in Gaza,” he said, adding that it would not be possible to coordinate the deconfliction with Israeli authorities to ensure aid convoys can move safely.
“The environment would be much too dangerous,” he said.
The UNRWA chief has charged that Israel’s main objective in its attacks on the agency is to strip Palestinians of their refugee status, undermining efforts toward a two-state solution.
“We have to be clear, even if UNRWA today would cease its operation, the statue of refugee would remain,” he said.
Without the agency, he said, the responsibility for providing services to the Palestinian refugees “will come back to the occupying power, being Israel.”
If no one steps in to fill the void, he said, it “will create a vacuum ... (and) sow the seeds for more extremism, more hate in the future.”
He called on the international community to go beyond statements of condemnation and put far more pressure on Israel.
“We feel alone.”


‘Jordan stands firm against Israeli aggression on Gaza,’ King Abdullah says as he opens parliament

King Abdullah addresses newly elected parliamentarians at the start of their four-year term on Monday. (Jordan News Agency)
Updated 29 min 44 sec ago
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‘Jordan stands firm against Israeli aggression on Gaza,’ King Abdullah says as he opens parliament

  • Addressing lawmakers, King Abdullah said Jordan was working tirelessly through Arab and international efforts to stop the war

RIYADH: Jordan stands firm against the “aggression on Gaza and Israeli violations in the West Bank,” the country’s King Abdullah said on Monday as he opened a newly elected parliament.

Addressing lawmakers, he said Jordan was working tirelessly through Arab and international efforts to stop the war.

“Jordan has exerted tremendous efforts, and Jordanians have valiantly been treating the wounded in the direst of circumstances. Jordanians were the first to deliver aid by air and land to people in Gaza, and we will remain by their side, now and in the future,” he said.

In his speech, the king told newly elected parliamentarians at the start of their four-year term that the current parliament was “the first step in the implementation of the political modernization project, on a track to bolster the role of platform-based parties and the participation of women and young people.”

“This requires parliamentary performance, collective action, and close cooperation between the government and parliament, in accordance with the constitution,” the king was reported as saying by Jordan News Agency.

King Abdullah said the government aimed to provide Jordanians with a decent life and empower youths while equipping them for the jobs of the future.

“We must continue implementing the Economic Modernisation Vision to unleash the potential of the national economy and increase growth rates over the next decade, capitalising on Jordan’s human competencies and international relations as catalysts for growth,” the king said.