South Africa Takes Bold Step at ICJ: A Call for Accountability amidst Gaza Genocide Allegations

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The International Court of Justice (ICJ) took centre stage last week during public hearings on January 11th and 12th, 2024, addressing the Republic of South Africa’s plea for provisional measures against the State of Israel. South Africa alleges genocide against the Palestinian people in Gaza, seeking immediate actions from the ICJ. These provisional measures, if granted, aim to halt any further military assaults on Palestinians until the main petition is fully heard and decided. Key among these measures is the suspension of all military operations in Gaza by Israel or any military units supported by Israel. If approved, Israel must then report to the ICJ on the steps taken to implement the order, adding an additional layer of accountability to the proceedings.

South Africa’s impactful 84-page petition stands as a compelling illustration of states upholding mutual accountability within the framework of international law. Anchored in the obligations outlined by the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention), this extensive document highlights the commitment of both South Africa and Israel as state parties to the Genocide Convention.

In the wake of Apartheid’s legacy, South Africa has consistently denounced and advocated for the cessation of Israel’s military operations since the onset of the Gaza conflict in October 2023. Joining the chorus of concern, nations including Algeria, Bolivia, Brazil, Cuba, and others have labelled Israel’s actions against the Palestinian people as genocide. Notably, on November 17, 2023, South Africa, Bangladesh, Bolivia, Comoros, and Djibouti collectively urged the International Criminal Court (ICC) to investigate the situation in Palestine. Confirming the gravity of the matter, ICC Prosecutor Karim Khan disclosed an ongoing investigation initiated in March 2021, now extending to the heightened violence that erupted in October 2023.

The ICC, unlike the ICJ is a court of personal criminal responsibility that tries individuals for the crimes of genocide, war crimes, crimes against humanity, and aggression. Therefore, if the ICC prosecutor investigates and concludes that there are violations committed contrary to the Rome Statute, prosecution will be against individuals responsible for the international crimes.

South Africa’s proactive approach at the ICJ signals a defining moment in international relations. The nation’s commitment to accountability, rooted in its own history, is a beacon of hope for a world that refuses to stand idly by in the face of alleged atrocities. As the ICJ deliberates on the provisional measures, the global community anxiously awaits a decision that could shape the narrative on state accountability, international law, and humanitarian justice.

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