South Africa files ‘overwhelming’ evidence at ICJ, accuses Israel of genocide in Gaza

In light of Israel’s ongoing defiance, the international community must explore alternative measures to enforce the ICJ’s judgment, should it rule in favor of South Africa’s case.

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Image Credit: Remko De Waal/EPA/MTI

South Africa has taken a historic legal step by submitting an extensive 750-page case to the International Court of Justice (ICJ) in The Hague, alleging Israel has committed genocide against Palestinians in Gaza. South African Ambassador to the Netherlands, Vusi Madonsela, delivered the legal document, known as a memorial, which outlines evidence of systematic targeting and widespread violations that the South African government claims constitute genocide under international law.

The filing from the office of South African President Cyril Ramaphosa presents a comprehensive case against Israel, describing actions that include widespread loss of life, deprivation of essential resources, and deliberate creation of life-threatening conditions. South Africa’s memorial was filed within the ICJ’s set deadline and is currently sealed, but Ramaphosa’s office confirmed it contains “overwhelming evidence” supporting genocide charges. “This is a comprehensive presentation of the overwhelming evidence of genocide in Gaza,” reads a statement from his office, which also emphasizes Israel’s defiance of international mandates and court orders intended to protect Palestinian civilians.

The South African filing details how Israel’s actions violate the Genocide Convention, which requires signatory countries to prevent and punish acts of genocide. South Africa’s statement claims the evidence illustrates that Israel is intentionally attempting to destroy Palestinians in Gaza, not just through military assaults but by blocking humanitarian assistance and creating conditions that prevent survival.

According to Ramaphosa’s office, the evidence “shows how the government of Israel has violated the Genocide Convention by promoting the destruction of Palestinians living in Gaza, physically killing them with an assortment of destructive weapons, depriving them access to humanitarian assistance, causing conditions of life which are aimed at their physical destruction, and ignoring and defying several provisional measures of the International Court of Justice, and using starvation as a weapon of war and to further Israel’s aims to depopulate Gaza through mass death and forced displacement of Palestinians.”

Ramaphosa’s statement includes reports from various Palestinian and international organizations indicating that, as of today, at least 43,020 people, primarily women and children, have lost their lives due to Israeli military actions, with another 101,110 people injured. Over 10,000 Palestinians remain missing, likely trapped beneath the rubble. South Africa also cited ongoing blockades and military strikes that have displaced millions in Gaza and led to food shortages, lack of medical care, and a near-complete infrastructure collapse.

President Ramaphosa emphasized the broader risks posed by Israel’s actions and the apparent immunity it has enjoyed. “Israel has been granted unprecedented impunity to breach international law and norms for as long as the United Nations Charter has been in existence,” his statement said. Ramaphosa argued that this disregard for international legal obligations has undermined the credibility of institutions like the ICJ, which were designed to enforce human rights laws globally. “The glaring genocide in Gaza is there for all who are not blinded by prejudice to see,” he stated.

This case arrives amid increasing violence in Gaza, with recent remarks from Israeli officials advocating for extreme measures, including forced displacement and recolonization. Ramaphosa’s statement highlights these threats as reinforcing the evidence of genocidal intent and calls for international intervention to halt the humanitarian crisis. “The Palestinian struggle against imperialism, Israeli apartheid, and settler colonialism is the daily reality of the Palestinian people,” he said, drawing parallels to colonial struggles that persist worldwide, including in Palestine.

South Africa’s case against Israel has garnered support from more than 30 nations, including blocs like the African Union and the Arab League. Notable Palestinian advocates have also praised the filing, with Nihad Awad, executive director of the Council on American-Islamic Relations (CAIR), expressing gratitude to South African leaders “for helping expose the far-right Israeli government’s genocide and genocidal intent in Gaza to the world community.” Awad urged the Biden administration to reconsider its continued support for Israel. “This detailed submission also further exposes the Biden administration’s criminal complicity with Israel’s genocide in Gaza,” Awad remarked.

Earlier, Francesca Albanese, UN Special Rapporteur on the Occupied Palestinian Territories, issued a report supporting claims that Israeli actions in Gaza may constitute genocide, describing it as “genocide as colonial erasure.” The ICJ recently issued an advisory opinion that Israel’s occupation of Palestine is a form of apartheid, labeling it an illegal occupation that should end as quickly as possible.

Israel strongly denies the allegations of genocide, a position supported by the United States, which continues to supply billions of dollars in military aid to Israel despite international criticism. The Biden administration has blocked several ceasefire resolutions at the United Nations Security Council, raising questions about its involvement in enabling the conflict. Meanwhile, U.S. officials have avoided directly engaging with the specifics of the South African case but have maintained that Israel has a right to “self-defense.”

Francis Boyle, a professor of international law at the University of Illinois College of Law, criticized Israel’s non-compliance with prior court orders. “Israel has violated three prior orders from the court,” Boyle explained. He added that these violations underscore the need for enforceable consequences if international law is to be respected. Boyle advocates for stronger international action, urging the UN General Assembly to impose an arms embargo and economic sanctions on Israel, similar to sanctions placed on apartheid South Africa.

Experts say it could take several years before the ICJ issues a binding judgment on this case. Yet, human rights advocates argue that even the act of filing holds political and symbolic importance. The ICJ’s ruling could pave the way for broader actions against Israel’s policies if it finds evidence of genocide.

Should South Africa succeed in its claim, it may catalyze a global shift in accountability for state-led violence, with implications extending beyond Israel. “The international community must not stand by as innocent civilians—including women, children, hospital workers, humanitarian aid workers, and journalists—are killed simply for being,” Ramaphosa said, encapsulating the urgency of the case.

Boyle suggests that, in light of Israel’s ongoing defiance, the international community must explore alternative measures to enforce the ICJ’s judgment, should it rule in favor of South Africa’s case. He calls for the use of the UN’s “Uniting for Peace” resolution, which empowers the General Assembly to act independently of the Security Council in cases where the latter is deadlocked. “The U.S. veto at the UN Security Council has prevented that body from doing its job,” Boyle said. “So, the UN General Assembly should take control of the situation and recommend an arms embargo and economic sanctions against Israel as well as other measures.”

Ramaphosa concludes with a plea for swift intervention, “We reiterate our appeal for an immediate ceasefire…The international community cannot stand idly by while innocent civilians are killed for simply being. That is a world we cannot accept.”

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