On the first day of the hearing, which will start at 10:00 local time at the Peace Palace (Vredespaleis) in The Hague, Netherlands, South Africa will verbally express its arguments regarding the charge of genocide.
The Republic of South Africa primarily requests an interim injunction to immediately suspend all Israeli military operations in Gaza. The Supreme Court will consider this request as a priority.
On Friday, Israel will make an oral defense regarding the accusations against him.
At the request of Israel, the oral sessions to be held today and tomorrow have been extended by one hour. The hearings will be held between 10:00 and 13:00 for two days and can be watched live on the International Court of Justice’s website.
In the lawsuit filed by South Africa on December 29, it was emphasized that Israel’s actions in the Gaza Strip were “genocidal”.
The lawsuit argued that Israel has “a specific intent to destroy Palestinians in Gaza as part of a broader national, racial and ethnic group.”
Stating that Israel violated the United Nations Genocide Convention, the Republic of South Africa requested an interim injunction to immediately suspend Israel’s military operations in Gaza.
The Republic of South Africa compares the Israeli government’s practices in Gaza with the “apartheid regime” in its own country.
WHY DID THE REPUBLIC OF SOUTH AFRICA FILE THE CASE?
Diplomatic relations between both countries were suspended after South African President Cyril Ramaphosa gave his full support to the Palestinians, comparing the Israeli government’s practices in Gaza with the apartheid regime of South Africa’s past.
South Africa closed the Israeli Embassy in Pretoria.
Since both Israel and South Africa are signatories to the United Nations (UN) Genocide Convention, the Cyril Ramaphosa administration took the initiative in the case.
The UN Genocide Convention, signed in 1948, imposes an obligation on party countries to prevent and punish the crime of genocide.
Based on this contractual obligation, the South African administration filed a lawsuit against Israel on charges of genocide.
Why was the case filed at the International Court of Justice?
The International Court of Justice, the highest judicial body of the United Nations, deals only with disputes between states rather than individual crimes, unlike the International Criminal Court.
For this reason, the case was filed in the International Court of Justice.
WHAT DOES ISRAEL SAY ABOUT THE ALLEGATIONS?
Former Supreme Court Chief Justice Aharon Barak will represent Israel at the hearing.
The Israeli government strongly opposes the South African Republic’s claims.
Israeli Foreign Ministry Spokesperson Lior Haiat said in a statement via social media platform X: “Israel rejects with disgust the blood libel spread by South Africa and its application to the International Court of Justice.”
The spokesman also accused South Africa of “collaborating with a terrorist organization that calls for the destruction of the State of Israel.”
Haiat stated, “South Africa’s claim lacks both factual and legal basis, and constitutes a despicable and humiliating abuse of the Court.”
This initiative of South Africa was also met with reaction by Israeli Prime Minister Benjamin Netanyahu and other government officials.
WHAT TO EXPECT AT THE HEARING?
The Supreme Court, which will hear the parties today and tomorrow, will primarily address South Africa’s request for an immediate halt to Israel’s military activities in Gaza.
The court may accept this request or give a decision of lack of jurisdiction in the light of the documents to be submitted.
If the Republic of South Africa provides the court with sufficient evidence that Israel committed the crime of genocide, a long trial process will begin.
According to international law experts, the trial may take a long time because determining genocide requires a complex legal and political process.
International law expert Prof. Dr. According to Jan Wouters, to prove genocide it is necessary not only to prove that a population group was killed, but also that this was done with a specific intention to completely or partially destroy a racial group.
