"A nation that survived Apartheid is saving another nation that is being torn by it," read a note posted by news outlet Eye on Palestine, expressing gratitude to South Africa which on Thursday, 11 January, presented strong opening remarks in its genocide case against Israel before the International Court of Justice (ICJ).
South Africa’s petition has called on the ICJ to investigate whether Israel was committing genocide against Palestinians.
"Many Palestinian activists started to lose hope in covering the daily atrocities committed by the Israeli Occupation since real actions were never taken. Today, South Africa has broken this cycle of despair," the Instagram post by Eye on Palestine read.
Led by John Dugard, a former UN special rapporteur on human rights, the South African legal team also includes lawyers Adila Hassim, Tembeka Ngcukaitobi, and Max Du Plessis, with Blinne Ni Ghralaigh and Vaughan Lowe serving as external counsel.
To date, South Africa's legal initiative has garnered official endorsement from several countries, including Türkiye, Malaysia, Jordan, Bolivia, the Maldives, Namibia, Pakistan, Venezuela, Colombia, and Brazil. Furthermore, the Organization of Islamic Cooperation (OIC) and the Arab League have declared their support for the case.
Certain European politicians are advocating for their respective governments to align with South Africa in its case against Israel.
Belgium's Deputy Prime Minister, Petra De Sutter, voiced her support for the case on Tuesday, stating that "Belgium cannot remain silent in the face of the genocide threat in Gaza."
In Spain, the leader of Podemos, Ione Belarra, announced on Tuesday that her party has formally urged the Spanish government to back South Africa's case at the ICJ. Belarra commended South Africa's "bravery" during a press conference and emphasized the importance of more nations, including Spain, standing in solidarity with the Palestinians in the legal action.
The Justice Ministry of South Africa revealed that Jeremy Corbyn is among several "senior political figures representing progressive political parties and movements worldwide" who have joined its effort.
Users on social media platform X (formerly Twitter) pointed out historic statements from former President and anti-apartheid leader Nelson Mandela, who recounted “how the Palestinians helped the fight against apartheid in South Africa when the United States and the west refused to give any assistance.”
US Congressperson Rashida Tlaib submitted the entire case to the Congressional Record and said, "Let me read directly from the case file so Secretary Blinken can hear from Israeli officials in their own words, not mine
The Irish Republican Party also expressed its support and said, "Today could mark a watershed in holding Israel accountable for its multiple breaches of international law"
Further, the International Coalition to Stop Genocide in Palestine (ICSGP) issued a sign-on letter, receiving endorsements from 800 organisations, including the World March of Women and the International People’s Assembly, Palestinian-led and Palestinian solidarity movements such as Palestinian General Federation of Trade Unions and the Palestinian NGO Network, as well as human rights and legal groups, unions, and religious organizations of all faiths.
“More than half of the dead are women and children. Israeli leaders have made brazenly genocidal statements openly declaring their intention to permanently and completely displace Palestinians from their own land,” the letter stated
The Allegations
In its petition, South Africa accused Israel of committing genocide in Gaza, alleging a breach of the 1948 Genocide Convention, which defines genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnical, racial, or religious group."
The allegations of genocidal actions laid out in the petition include the killing of a significant number of Palestinians in Gaza, a large number of whom are children, alongside the destruction of their homes, forced mass displacement, and the imposition of a blockade on essential resources like food, water, and medical aid in the Strip.
In addition to the loss of life, South Africa pointed out that Israel has caused injuries to over 55,000 Palestinians, arguing that these actions align with the Genocide Convention's definition of "causing bodily harm" to a specific group of people.
“Acts and omissions by Israel . . . are genocidal in character, as they are committed with the requisite specific intent . . . to destroy Palestinians in Gaza as a part of the broader Palestinian national, racial and ethnical group.”South Africa's petition
South Africa emphasised that the breadth of Israel's military operations, characterised by indiscriminate bombings and “summary executions” of civilians, combined with the blockade of essential humanitarian resources, has pushed Gaza to the "brink of famine."
Beyond the accusation of genocide, South Africa alleged that Israel is violating other aspects of international law in Gaza, including the Geneva Convention and customary international law in relation to proportionality.
By allegedly targeting religious, educational, artistic, scientific sites, historical monuments, hospitals, and places where the sick and wounded seek refuge, South Africa said that Israel’s actions were an assault on Palestinian culture.
It alleged that Israel's bombardment has left 70 percent of all homes in Gaza destroyed or damaged, forcing 85 percent of the 2.3 million population into mass displacement.
South Africa has urgently called upon the ICJ to step in and prevent Israel from continuing to commit the alleged crimes in Gaza and West Bank, by issuing an order for Tel Aviv to cease its military action.
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