7 Questions to Understanding South Africa's Case Against Israel Featured

By Gamal Khattab January 27, 2024 1906

 

  1. What is the International Court of Justice?

The International Court of Justice is like the Supreme Court of the United Nations. It was created in 1945 and is based in The Hague. The court's main job is to settle disputes between countries and provide advisory opinions. It has 15 judges, and in the case of Israel, there will be an additional judge from each side. These judges are elected by the United Nations General Assembly and the Security Council for a term of 9 years.

  1. What is the case that South Africa filed against Israel?

South Africa accuses Israel of committing genocide during its war on Gaza. In an 84-page document, South Africa claims that Israel did not take necessary actions to prevent genocide and failed to prosecute officials who openly encouraged it. South Africa wants the court to issue a resolution that requires Israel to take temporary measures to prevent the situation from getting worse while the case is being decided.

  1. What is the legal definition of genocide?

The legal definition of genocide, according to the Genocide Convention, is any act committed with the intention to destroy, in whole or in part, a specific national, ethnic, racial, or religious group. These acts can include killing group members, causing them serious physical or mental harm, destroying their living conditions to uproot them, preventing them from having children, and forcibly transferring their children to other groups.

  1. What did Israel say?

As soon as the case was filed, Israeli Foreign Ministry spokesman Lior Hayat strongly denied the allegations made by South Africa, calling them "baseless."

  1. How long will this case take?

The full case is expected to take several years, but an interim measure could be issued within weeks. To obtain interim action, South Africa doesn't need to prove that genocide has occurred. They just need to show that the court has jurisdiction and that some of the acts mentioned in their complaint, like the toll of casualties and forced displacement of Palestinians in Gaza, could be considered as violations of the Genocide Convention.

  1. Is South Africa's application supported by other countries?

The Organization of Islamic Cooperation, which consists of 57 countries, including many African and Muslim-majority countries like Turkey and Malaysia, has welcomed South Africa's request. These countries have also issued separate statements in support of South Africa's case.

  1. What significance will this ruling have?

The court's decision is final and cannot be appealed. However, the court does not have the power to enforce its decisions, and it is uncertain whether Israel will comply with them. Nevertheless, such a ruling could damage Israel's reputation and set a legal precedent.

Last modified on Wednesday, 16 October 2024 08:08