The Gaza war will now also concern the highest UN judges. Israel, of all places, is accused of genocide. Proof would be difficult. But the highly explosive procedure is risky for Israel.
The Hague – Israel has to answer for the first time before the International Court of Justice on charges of genocide because of the attacks in the Gaza Strip. South Africa has sued the country. Both governments will send high-level delegations to the Peace Palace in The Hague. What is being negotiated there? And what are the possible consequences? Questions and answers about the highly explosive lawsuit:
What is the International Court of Justice?
The International Court of Justice is the highest court of the United Nations. This world court should not be confused with the International Criminal Court, which is also located in The Hague. This deals with individual accusations, while the UN Court of Justice is supposed to decide on conflicts between states.
Both Israel and South Africa are allowed to send one judge each in addition to the permanent college of 15 judges. Israel is sending former Supreme Court Justice Aharon Barak, 87, a Holocaust survivor.
What does South Africa accuse Israel of?
In the 84-page lawsuit, South Africa describes Israel's violence against Palestinians in the Gaza Strip as acts of genocide. Israel kills Palestinians, “inflicts severe mental and physical harm on them and creates living conditions aimed at their physical destruction.”
South Africa cites the high death toll of more than 21,000 in the Gaza Strip, Israeli bombings, forced displacement, attacks on hospitals and maternity clinics, and the blockade of the area that has led to shortages of food and drinking water. The country cites UN experts, witnesses and aid organizations. According to the authorities, which are controlled by the Islamist Hamas, the number of victims has now risen to more than 23,000, meaning tens of thousands have been injured.
Statements by Israeli ministers are also cited as evidence of genocidal intent. South Africa speaks of “direct and public incitement to genocide”. Threats to make Gaza uninhabitable as well as demands from right-wing extremist ministers to permanently expel Palestinians are cited. In the wake of the massacre on October 7th, in which terrorists from the Islamist Hamas and other groups in Israel killed more than 1,200 people and kidnapped around 250, Defense Minister Joav Galant spoke of “human animals” and declared: “We will wipe out everything .”
What is the basis of the lawsuit?
South Africa invokes the UN Genocide Convention. Both states have signed this convention and thereby committed themselves not only not to commit genocide, but also to prevent and punish it. The convention defines genocide as an act “committed with the intent to destroy, in whole or in part, a national, ethnic, racial or religious group as such.”
Israel is fundamentally affected by this accusation: the state was founded after the Second World War as a result of the genocide of Jews by the German Nazis.
What is Israel's reaction?
Israel firmly rejects the allegations, citing the right to self-defense after the October 7 attacks. “The Hamas rape machine bears full moral responsibility for all victims in this war.” Everything is being done to protect civilians, it said.
What happens at the hearing?
First, South Africa will explain its complaint on Thursday. Israel has the opportunity to respond on Friday. This hearing will initially focus on an urgent application from South Africa. It had called on the court to order an immediate end to military violence and to protect the rights of Palestinians.
This means that the UN judges do not yet have to determine whether genocide has actually been committed. The possibility that the convention was violated would be sufficient. That's a low threshold for a decision. But it also applies that there must be clear evidence of Israel's intention to wipe out the Palestinians. Then the judges could theoretically order Israel to immediately end the violence to prevent further damage.
When can a verdict be expected?
The judges will decide on the urgent application in a few weeks. Every saying is binding. The court has no power to enforce enforcement. But international pressure on Israel would increase and a negative decision could damage the country's reputation.
When will the main lawsuit be decided?
Such a process can take years.
Why is South Africa of all countries complaining?
Any signatory state to the Genocide Convention can file such a lawsuit. South Africa is a strong supporter of Palestinian rights. The country compares its apartheid past, i.e. the racist oppression by a white minority government, with Israel's treatment of the Palestinians. dpa
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