Thanks to Abigail Abysalh Metzger, one of Pax Christi International’s representatives at the United Nations in New York and a member of the Pax Christi USA Palestine Solidarity Working Group, for offering this brief update on South Africa’s case against Israel. Pope Francis has also spoken for the need to address war crimes.
On December 29 , 2023, South Africa filed an application instituting proceedings against Israel before the International Court of Justice (ICJ). The ICJ is the United Nations’ top court in which a State may bring a suit against another State (not individuals – that is the International Criminal Court – ICC).
South Africa is claiming that Israel is allegedly violating their obligations under the Convention of the Prevention and Punishment of the Crime of Genocide (Genocide Convention). It may take a long time for a decision to be rendered; however, South Africa is requesting that the Court call for immediate provisional measures to protect the Palestinian people including the immediate cessation of all military operations in Gaza to be implemented while the case is being heard.
On January 11, South Africa came before the Court with Israel to respond the following day [today]. The proceeding can be watched at this link.
Genocide is defined as: Any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
- Killing members of the group
- Causing serious boldily or mental harm to members of the group
- Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part
- Imposing measures intended to prevent births within the group
- Forcibly transferring children of the group to another group
The following acts shall be punishable:
- Genocide
- Conspiracy to commit genocide
- Direct and public incitement to commit genocide
- Attempt to commit genocide
- Complicity in genocide (This is especially important vis a vis the support the United
States provides to Israel – financially, militarily and at the United Nations. It is the basis
of the lawsuit brought against President Biden, Secretaries Blinken and Austin by the
Constitutional Center for Constitutional Rights on behalf of Palestinian individuals and
organizations. Use this link to read about that case.)
The term “genocide” was coined by Raphael Lemkin, a Jewish-Polish lawyer, in 1944 to describe the policies and actions of the Nazis. Genocide was codified as a crime under international law in 1948. As of April 2022, the Genocide Convention has been ratified by 153 states, including the United States and Israel, binding them to abide by the convention.
Here are a few of the many articles and webinars about the term genocide and the ICJ case:
- ICJ genocide case of South Africa vs Israel, written by Tonie van Teeffelen who works with the Arab Education Institute, Pax Christi’s partner group in Bethlehem
- A quick guide to South Africa’s ICJ case against Israel, Al Jazeera
- South Africa appeals to the International Court of Justice: Stop Israel’s genocide in Gaza, Mondoweiss
- A Jew coined the word ‘genocide.’ Now it’s being used against the Jewish state, Religion News Service
- A textbook case of genocide, Jewish Currents
- South Africa just made its case at the Hague. What’s next? The Intercept