Unprecedented hearings, this Thursday January 11 and Friday January 12, before the International Court of Justice in The Hague, in the Netherlands. South Africa last month seized the ICJ, the judicial body of the United Nations, to ask it to rule on possible acts of “genocide” in the Gaza Strip. It is a multi-step procedure which opens this Thursday.
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Palestinians carrying rainbow nation flags and banners written in Xhosa, in Nelson Mandela Square in Ramallah, under the statue of the former president of South Africa, to welcome the complaint filed by Pretoria against Israel before the International Court of Justice in The Hague. This is one of the strong images of Wednesday January 10.
After three months of war, following the attack on October 7, and more than 23,000 dead in the besieged enclave, according to the Hamas Ministry of Health, the ICJ, not to be confused with the International Criminal Court, s He is therefore preparing this Thursday, the day after the demonstration, to look into the complaint filed by this long-time ally of the Palestinian cause.
South Africa accuses Israel, in an 84-page document, of violating the Convention on the Prevention and Punishment of the Crime of Genocide, and asks this UN tribunal, based in The Hague, which regulates the disputes between States, to take emergency measures. Pretoria has the floor this Thursday, and the next day, it will be Israel’s turn to speak.
Note that in parallel with this procedure at the International Court of Justice, the office of the prosecutor of the International Criminal Court (ICC) began to investigate for its part the Hamas attacks perpetrated on October 7, and also the war which course in Gaza since then. But the ICC can only judge individuals and not States.
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Even without coercive means, any opinion can have symbolic weight
With these first hearings, the Court does not intend to decide on the merits, which could take several years. Our correspondent in Johannesburg, Claire Bargelès, explains that it must, however, decide whether or not to take so-called “precautionary” measures. This could concern a cessation of hostilities or the request for access to humanitarian aid.
South Africa should detail why it considers Israel’s actions to constitute acts of “genocide”. A painful situation for Tel Aviv and Jerusalem, more than 80 years after the genocide of the Jews by the Nazis. Obviously taking the matter seriously, Israel decided not to boycott this Thursday’s hearing in The Hague, Netherlands.
The two countries were each able to appoint a judge to rule with the other magistrates. On the Israeli side, it is Aharon Barak, former president of the Supreme Court of his country, a survivor of the Shoah. As for Pretoria, he chose Dikgang Moseneke, who served on his own country’s Constitutional Court and had been imprisoned on Robben Island.
South Africa has received signs of support, notably from the Organization of Islamic Cooperation (OIC), Turkey, and even the British Jeremy Corbyn. And even if the ICJ does not have coercive means, or sanctions from the UN Security Council will undoubtedly be blocked by the United States, any opinion can have a strong symbolic weight.
“States parties have obligations to prevent genocide”
Israel has already rejected with disgust » which is described in Jerusalem and Tel Aviv as “ defamation ” South African. Because in the eyes of Israeli Prime Minister Benjamin Netanyahu, his country’s army behaves “ with unparalleled morality “. If the ICJ were to take these measures, there is nothing to say that Israel will comply.
The limits of international justice are known. The same International Court of Justice, for example, ordered Russia to end its offensive in Ukraine, without any effect upon arrival. But for François Dubuisson, specialist in international law at the Free University of Brussels, in addition to the symbol, this could increase international pressure.
“ Under the Genocide Convention, all States Parties have obligations to prevent genocide, he recalls, at the microphone of Nicolas Falezfrom RFI’s international service. So, if the Court says that to prevent genocide, a whole series of measures must be taken, that would encourage all States to exert greater pressure. »
The State of Israel could thus find itself, concludes the jurist, pressurized “ so that it thus adopts a series of measures, either the suspension of bombings, or at the very least humanitarian pauses “. François Dubuisson therefore sees in this procedure at the ICJ “ a relatively important lever » activated by South Africa and weighing on the Israelis.
To go deeperFrançois Dubuisson on RFI: international justice is “likely to act” against Israel
Communist member of the Knesset, he supports the South African procedure, “for Israel”
This is the first time that a state has taken such action against Israel, explains our correspondent in Jerusalem, Sami Boukhelifa. And if the Israeli authorities reject these accusations, in the country, an almost singular voice is raised to denounce the situation in Gaza. This is Israeli MP Ofer Cassif, who openly supports the South African request to the ICJ.
Our permanent special envoy met this parliamentarian, member of his country’s Communist Party, who does not consider himself anti-Israeli, but on the contrary, as a true patriot. This support for Pretoria, he said, “ I’m not doing it against Israel “, but ” for Israel “, ” against the Israeli government ”, which is itself, he concludes, “ against Israel “.
Ofer Cassif actually campaigns for the right of peoples to self-determination. To his eyes, “ Palestinians have the right to live in peace in their own country “, And ” it’s the Israeli government », which the MP regularly describes as “ fascist “, ” which prevents this » seen from home. “ I stand by my words. And I don’t mean it as some sort of slogan. »
And to continue: “ I say this as someone who teaches a college course on fascism. What is fascism ? It is the denial of individual rights, it is against democracy, and putting the nation above all else. And it is the promotion of militarism, of violence as a political means. » Everything his government is guilty of, according to him.
Is there a ” genocide » in Gaza? “ From a legal point of view, it is justice which will have to respond », tempers Mr. Cassif. “ On the other hand, if we talk about a more general definition of genocide, well, we see the signs of it in Gaza. » Remarks widely condemned in Israel, where his colleagues from other parties have launched a procedure to exclude him from the Knesset.