Will Israel be Convicted for its Crimes? Featured

By Gamal Khattab January 11, 2024 2469

 

South Africa Takes Legal Action

  South Africa, once a strong ally of Israel, is now taking legal action against Tel Aviv in the International Court of Justice. They have accused Israel of committing genocide in the Gaza Strip. This is the first time Israel has faced prosecution for its violations against the Palestinian people.

On December 29, South Africa filed a lawsuit against Israel at the International Court of Justice in The Hague. They demanded that the court take measures to protect the Palestinians during the brutal war that Israel has been waging against Gaza since December 7th.

Genocide 

In their 84-page lawsuit, South Africa argues that Israel's actions and omissions amount to genocide. They say that Israel has the specific intent to destroy the Palestinians of Gaza as part of a broader national, racial, and ethnic group.

The lawsuit also states that Israel's conduct, through state agencies and other entities acting on its instructions, violates its obligations under the Genocide Convention.

Both Countries Signed the Genocide Convention

Both South Africa and Israel signed the 1948 Genocide Convention, which gives the International Court of Justice the power to resolve disputes related to the treaty. The convention requires signatory states to prevent and punish genocide.

South Africa argues that Israel failed to prevent genocide and prosecute direct incitement to genocide. On the other hand, Israel has accepted to appear before the court to face what it calls "ridiculous and baseless accusations."!

History of Crimes

Even before its establishment, Israel and Israeli gangs committed brutal crimes to terrorize and displace Palestinians from their land. Research shows that over 100 major massacres have occurred since 1947, all of which qualify as war crimes, crimes against humanity, and ethnic cleansing. However, Israel has remained unaccountable.

Based on historical evidence and Israel's actions in its war on Gaza, crimes against humanity, such as murder, enslavement, and torture, do not need to be proven. These acts violate international law.

Many human rights organizations, including Amnesty International and Doctors Without Borders, have condemned Israeli military actions against civilians in Gaza.

Understanding Genocide

Genocide is defined as acts committed with the intent to destroy, in whole or in part, a national, ethnic, racial, or religious group. These acts include killing group members, causing serious harm to their physical or mental well-being, subjecting the group to conditions that lead to its physical destruction, preventing births within the group, and forcibly transferring children.

The term "genocide" was first used in 1946 by Polish lawyer Rafael Lemkin. The United Nations recognized it as a crime under international law in 1948.

Accusations Against Israel

Israel has been accused of committing genocide in Gaza. There is evidence to suggest that these actions were planned and executed with the intention of causing displacement, killings, and destruction. The siege, prevention of humanitarian aid, and deliberate attacks on hospitals and ambulances are among the actions cited.

Israeli officials have made statements denying the presence of civilians in Gaza and proposing the displacement or deportation of residents. The International Court of Justice will consider these accusations and set trial dates.

Legal Proceedings

South Africa and Israel will present their legal arguments on January 11 and 12. The court will not issue a final ruling on genocide charges until a full examination of the case is conducted, which could take years.

A ruling against Israel would set a legal precedent, isolate the country further, and damage its international reputation.