11 January 2024

ICJ hears Israel Genocide Case: South Africa brings Charges to United Nation''s Highest Legal Authority

  

It accuses Israel of genocide in Gaza, during its intense bombardment and ground operation in the strip. The hearings at the International Court of Justice in The Hague are scheduled to last two days, with both parties laying out their arguments.

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Who is not backing South Africa’s ICJ case?

The United States has voiced its opposition to the genocide case. National security spokesperson John Kirby called South Africa’s submission “meritless, counterproductive, and completely without any basis” during a White House press briefing on January 3.

South Africa's genocide case against Israel: How will the ICJ decide? |  News | Al Jazeera
Read the full application bringing genocide charges against Israel at UN top  court | PBS NewsHour

Which countries have welcomed South Africa’s ICJ case against Israel?

  • The Organization of Islamic Countries (OIC): The 57-member bloc, which includes Saudi Arabia, Iran, Pakistan and Morocco, voiced their support for the case on December 30.
  • Malaysia: In a statement released on January 2, the Malaysian Ministry of Foreign Affairs welcomed the South African application. It reiterated a call for an independent Palestinian state “based on the pre-1967 borders, with East Jerusalem as its capital”.
  • Turkey: Turkish Ministry of Foreign Affairs spokesperson Oncu Keceli posted on X on January 3 welcoming South Africa’s move.
  • Jordan: Foreign Minister Ayman Safadi said on January 4 that Amman would back South Africa.
  • Bolivia: On Sunday, the Ministry of Foreign Affairs of Bolivia dubbed South Africa’s move as historic, becoming the first Latin American country to back the ICJ case against Israel.
  • The Maldives, Namibia and Pakistan: The three countries expressed support for the genocide case filed by South Africa during a UN General Assembly session on Tuesday.
  • The Arab League: The 22-member alliance also affirmed its support for the South African case on Wednesday in an X post made by Secretary-General Ahmed Aboul-Gheit.
  • Colombia and Brazil: The Ministry of Foreign Affairs of Colombia and Brazil expressed the country’s support in individual press releases on Wednesday.
  • Besides countries, many advocacy groups and civil society groups worldwide have also joined South Africa’s call. These include Terreiro Pindorama in Brazil, Asociacion Nacional de Amistad Italia-Cuba in Italy, and Collectif Judeo Arabe et Citoyen pour la Palestine in France, reported independent outlet Common Dreams.

INTERACTIVE - Signatories to genocide convention-1704876407

Which countries filed the ICC request earlier?

Bolivia also pointed out it had earlier filed a request to International Criminal Court (ICC) Prosecutor Karim Khan alongside South Africa, Bangladesh, Comoros, and Djibouti to investigate the situation in Palestine. Khan said he received the request on November 30.

The ICC and the ICJ are sometimes conflated with one another. Both the courts are located in The Hague, Netherlands. While the purpose of the ICJ is to resolve conflicts between states, the ICC prosecutes individuals for committing crimes, according to the University of Melbourne’s Pursuit platform. While states cannot be sued at the ICC, the prosecutor can open an investigation where crimes, including genocide, were likely committed.

INTERACTIVE - ICJ vs ICC-1704875400
(Al Jazeera)

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