South Africa submitted its case at the International Court of Justice todday , a team of legal experts from the coutry called on the court to order Israel to cease military operations in Gaza.
Israel – which will present its defence on Friday – has vehemently rejected the accusations as “baseless”.
The court will deliver only an opinion on the genocide allegation, although it is being closely watched.
Tembeka Ngcukaitobi, a lawyer for the High Court of South Africa, told the ICJ Israel’s “genocidal intent” was evident “from the way in which this military attack is being conducted”.
“The intent to destroy Gaza has been nurtured at the highest level of state,” he said.
“Every day there is mounting, irreparable loss of life, property, dignity, and humanity for the Palestinian people,” Adila Hassim, also representing South Africa, told the court.
“Nothing will stop the suffering, except an order from this court.”
In its evidence submitted before the hearing, South Africa said Israel’s actions were “intended to bring about the destruction of a substantial part of the Palestinian national, racial and ethnical group”.
Israel will offer its defence on Friday, but has previously said its actions in the Gaza Strip are justified because it is responding to Hamas’s deadly attacks on 7 October.
But speaking in court on Thursday, South Africa’s Justice Minister Ronald Lamola said that no attack “can provide justification for or defend breaches of the [Genocide] Convention”.
Israel is a signatory to the Genocide Convention of 1948, which defines genocide and commits states to prevent it.
The 84-page filing by South Africa accuses Israel of acts and omissions “genocidal in character, as they are committed with the requisite specific intent … to destroy Palestinians in Gaza as a part of the broader Palestinian national, racial and ethnical group.”
It said Israel’s genocidal acts include killing Palestinians, causing them serious bodily and mental harm, mass expulsion from homes and displacement, imposing measures intended to prevent Palestinian births, and deprivation of access to adequate food, water, shelter, sanitation, and medical assistance
On Thursday, Israel’s foreign ministry spokesman Lior Haiat said South Africa’s case “utterly distorted the reality in Gaza”, saying Hamas attackers had “infiltrated Israel, murdered, executed, massacred, raped and abducted Israeli citizens”.
He said Israel will “continue to protect its citizens in accordance with international law, while distinguishing between Hamas terrorists and the civilian population”.
The ICJ is the United Nation’s highest court, based in The Hague in the Netherlands. Its rulings are theoretically legally binding on parties to the ICJ – which include Israel and South Africa – but are not enforceable.
In 2022, the court ordered Russia to “immediately suspend military operations” in Ukraine, an order that was ignored.
