The Genocide Case Against Israel Explained: The ICJ, South Africa & Palestinians in Gaza

Israel is being accused of committing genocide in the UN’s top court. We take a look at 10 of the most commonly asked questions, and try to answer them with the help of some experts.

0:00 - Israel Accused of Genocide
0:14 - 1. The ICJ Case Explained
1:39 - 2. Why is South Africa involved?
2:28 - 3. What are Provisional Measures?
3:28 - 4. Genocide vs War Crimes
4:07 - 5. The ICJ's Interim Ruling Explained
4:56 - 6. Why Won't the ICJ Order a Ceasefire?
5:40 - 7. Why Hamas isn't before the ICJ
6:03 - 8. What is the Punishment for Genocide?
7:41 - 9. What's the Point of the ICJ?
8:29 - 10. What does this mean for civilians in Gaza?
9:38 - What's Next for Gaza, Israel & its Allies?

This case is being tried in the International Court of Justice which is the UN’s main judicial body. This particular case is between Israel and South Africa and will be decided by 17 judges from around the world. South Africa says Israel’s military operation in Gaza breaches the 1948 Genocide Convention and has a genocidal intent against Palestinians.

In its argument it refers to things like the high number of Palestinians killed the displacement of the vast majority of the population the restriction of aid the attacks on health care workers and hospitals and public statements made by Israeli officials inciting genocide. Israel meanwhile argues that it has the right to defend itself and says although the civilian suffering in Gaza is tragic its military operation is following international humanitarian law, and that its true intent shouldn’t be taken from what it says are “random quotes”. but from official government policy. and statements made by its leaders which it says demonstrate the opposite of genocidal intent. For example, the Prime Minister repeating that Israel is targeting Hamas and not the civilian population.”

Because of the seriousness of genocide any state that recognises the genocide convention can bring charges to the ICJ, even if they’re not directly involved and South Africa has a long history of supporting the Palestinian people.

However, experts say the likely reason why South Africa decided to take the lead in this case was to avoid any legal complications that may have slowed things down. Palestine has brought a case to the ICJ before and recognises the genocide convention. But it’s not a fully-fledged member of the UN and is not recognised by Israel as a state. Which many experts speculate would have resulted in Israel refusing to participate in the case.

In its interim ruling, the ICJ denied Israel’s request to dismiss the case and granted most of South Africa’s requests except for the main one ordering an immediate ceasefire. Instead the court has ordered Israel do everything it can to prevent acts of genocide as well as stopping comments that may incite genocide.

Israel has also been ordered to make sure that civilians in Gaza are provided with basic services and the humanitarian aid they urgently need

Plus Israel must report back to the court within a month to demonstrate that it’s been following the courts orders.

In the week following the ruling according to the Ministry of Health in Gaza. more than a thousand Palestinians were killed and more recently a top UN official has accused Israel of already breaching the ICJ’s orders.

South Africa has even made another urgent request to the court for additional provisional measures in what experts say is an attempt to halt Israel’s ground invasion of Rafah a city in the south of Gaza where more than a million Palestinians have fled since the start of the war.

Israel maintains that its following international humanitarian law as it says it has been this entire time. Mediating countries are still hopeful that a ceasefire deal can be reached but Israeli PM Benjamin Netanyahu says Israel’s military operation in Gaza won’t end until it eliminates Hamas.

The bottom line is that we’ll have a better understanding of just how much of an impact this ruling has had by the time Israel has been ordered to report back to the ICJ at the end of the month.

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