South Africa Institutes Proceeding In ICJ Against Israel For Alleged 'Genocidal Actions' In Palestine

South Africa has filed an application instituting proceedings against Israel before the International Court of Justice (ICJ), the principal judicial organ of the United Nations, concerning alleged violations by Israel of its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) in relation to Palestinians in the Gaza Strip, stated the official press release of ICJ.

It further stated that according to the Application, “acts and omissions by Israel...are 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” and that “the conduct of Israel — through its State organs, State agents, and other persons and entities acting on its instructions or under its direction, control or influence — in relation to Palestinians in Gaza, is in violation of its obligations under the Genocide Convention”.

“Israel, since 7 October 2023 in particular, has failed to prevent genocide and has failed to prosecute the direct and public incitement to genocide” and that “Israel has engaged in, is engaging in and risks further engaging in genocidal acts against the Palestinian people in Gaza”, it added further.

The proceedings have been initiated under Article 36, paragraph 1, of the Statute of ICJ and on Article IX of the Genocide Convention, to which both South Africa and Israel are stated to be the parties.

The Application also contains a request to indicate provisional measures, under Article 41 of the Statute of ICJ and Articles 73, 74 and 75 of the Rules of Court.

South Africa has also requested the Court to indicate provisional measures to “protect against further, severe and irreparable harm to the rights of the Palestinian people under the Genocide Convention” and “to ensure Israel's compliance with its obligations under the Genocide Convention not to engage in genocide, and to prevent and to punish genocide”.

The Application instituted by South Africa can be accessed here.

Click here to read/download the ICJ's official press release