South Africa Submits Extensive Documentation Alleging Genocide by Israel in Gaza to the International Court of Justice
On Monday, South Africa presented a detailed 750-page dossier to the International Court of Justice (ICJ) in The Hague, Netherlands, asserting compelling evidence that Israel is perpetrating genocide in Gaza. This submission marked the final deadline for evidence provision in the ongoing legal proceedings.
The documents were handed over by Vusi Madonsela, South Africa’s Ambassador to the Netherlands, at the ICJ’s headquarters. As per the court’s regulations, the details of this submission, referred to as a memorial, are currently confidential.
A press release from South African President Cyril Ramaphosa’s office described the submission as a “thorough presentation of undeniable proof of genocide in Gaza.”
The document reportedly illustrates Israel’s alleged violations of the Genocide Convention. It accuses the Israeli government of systematically destroying the Palestinian population in Gaza through various means: direct attacks with lethal weapons, blockades of humanitarian aid, creation of life-threatening living conditions, disregard for provisional measures set by the ICJ, and utilizing starvation as a method of warfare aimed at depopulating Gaza through mass fatalities and forced evacuations of Palestinians.
“The evidence will demonstrate a strategic intent behind Israel’s genocidal actions, a neglect to halt or punish incitement to genocide, and a failure to prevent genocide itself,” added the statement from Ramaphosa’s office.
The submission coincides with a continued military offensive by Israel in Gaza, now in its 387th day, which, according to Palestinian and global reports, has resulted in over 43,020 deaths, predominantly women and children. Additionally, more than 101,110 injuries have been reported, with upwards of 10,000 individuals missing, presumed dead under the debris of demolished structures. The conflict has also led to the mass displacement and severe affliction of millions of Palestinians.
This action by South Africa follows a recent event where key figures in Israeli Prime Minister Benjamin Netanyahu’s right-wing Cabinet and other national lawmakers publicly supported the ethnic cleansing and recolonization of Gaza.
The South African presidency criticized the exceptional leeway given to Israel, allowing it to consistently breach international laws and norms since the inception of the United Nations Charter.
“The blatant genocide occurring in Gaza is visible to anyone not obscured by bias,” the presidency’s statement declared.
Ramaphosa further emphasized:
Since 1948, the Palestinian battle against imperialism, Israeli apartheid, and settler colonialism has been a harsh reality. Through decades, they have faced various forms of colonization, supported initially by historical colonial powers and more recently by nations shaping the global order to suit their agendas. The international struggle against settler colonialism continues, including in occupied Palestinian territories like Gaza and the West Bank. The global community must not remain passive while innocent civilians, including women, children, and aid workers, are indiscriminately killed. Such a world is unacceptable.
“We urge an immediate ceasefire across Palestine, Lebanon, and the whole region, and the initiation of a political process towards a fair and enduring peace,” added the statement from Ramaphosa’s office.
South Africa also expressed gratitude to over 30 countries and regional organizations, such as the African Union and Arab League, for backing its legal stance.
The ICJ may take years to reach a verdict in this case. Recently, in July, the court issued a nonbinding advisory opinion declaring Israel’s occupation of Palestinian territories—including the West Bank, Eastern Jerusalem, Gaza, and the Syrian Golan Heights—as an unlawful apartheid that should end immediately.
Simultaneously, Francesca Albanese, the U.N. special rapporteur on the situation of human rights in the occupied Palestinian territories, released a report accusing Israeli policies of amounting to “genocide as colonial erasure.”
Israel and its principal supporter, the Biden administration in the United States, staunchly deny allegations of committing genocide in Gaza.
Palestinian advocacy groups have lauded South Africa’s rigorous documentation. Nihad Awad, director of the Council on American-Islamic Relations, commended South Africa for bringing international attention to the alleged genocide and genocidal intent of Israel in Gaza.
“This detailed submission also shines a light on the Biden administration’s complicit role in supporting Israel’s actions in Gaza,” Awad noted. “President Biden must end his participation in this genocide by ceasing arms deliveries to Israel and advocating for an immediate ceasefire.”
Meanwhile, Francis Boyle, a professor of international law at the University of Illinois, criticized both Israel’s disregard for previous court orders and the ineffective ceasefire negotiations led by the Biden administration, which he claimed only provided Israel more time to perpetrate further atrocities in northern Gaza.
Boyle urged that the U.N. General Assembly should adopt the Uniting for Peace resolution to implement an arms embargo and impose economic sanctions against Israel to hold it accountable, similar to actions taken against apartheid South Africa.
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