Amid the ongoing conflict between Palestine and Israel, one country decided to take a firm stance on the situation, deciding to take it upon themselves to try and make a move of their own.
On December 29th, 2023, South Africa filed a lawsuit with the International Court of Justice (ICJ) against the state of Israel, basing their case on the violation of the 1948 Convention on Prevention and Punishment of Genocide. Claiming the attacks on Palestine following October 7th were ‘genocidal in nature.’ The case was officially brought to the ICJ for a public hearing on January 11th and 12th, 2024.
Representing South Africa on January 11th, Ambassador Vusi Madonsela opened the case with powerful words. “South Africa acknowledges that the genocidal acts and omissions by the state of Israel inevitably form part of a continuum of illegal acts perpetrated against the Palestinian people since 1948.” And even more so, “The application places Israel’s genocidal acts and omissions within the broader context of Israel’s 75-year apartheid, 56-year occupation, and 16-year siege imposed on the Gaza strip, a siege which itself has been described by the director of UNRWA (United Nations Relief and Work Agency) affairs in Gaza as a silent killer of people.”
Following up on Madonsela’s statements, several different representatives were then given the floor to present their arguments, including South Africa’s Justice Minister Ronald Lamola, human rights advocate Adila Hassim, lawyer and legal scholar Tembeka Ngcukaitobi, Professor John Dugard, and advocate lawyer, and Professor Max Du Plessis, which added up to a 3-hour hearing of arguments in favor of South Africa’s case. The next day, on the 12th, Israel presented its defense against the case, which also included another 3 hours of arguments in their favor.
After both hearings, countries from the Organization of Islamic Corporation and the Arab League supported the case, while countries including Israel, the United States, and the United Kingdom opposed it. And later, Brazil, Bolivia, and Colombia also decided to back South Africa in its move against Israel.
Still, South Africa wanted to attack this problem from every angle. On January 15th, merely four days after the hearing, South Africa revealed its plan to bring another case to the court, an attempt to file a lawsuit against the United States, as well as the Biden Administration and the United Kingdom for acting as accomplices in Israel’s crimes against Palestine. South Africa’s representatives claim to have overwhelming evidence that the United States has been aiding and assisting Israel in its crimes. As well as the UK’s complicity and support for Israel. Both countries dismissed the case’s claims, and nothing has come of them yet. But South Africa hopes that should their case against Israel favor them, they might have the power to move forward with their cases against the US and UK.
It’s hard to say when the ICJ will judge any of the cases and which side will win its favor. However, no matter the side taken, the case will remain a significant part of the fight between the countries of Palestine and Israel.
