South Africa's genocide case against Israel
South Africa v. Israel[1] is an ongoing case that was brought before the International Court of Justice on 29 December 2023 by South Africa regarding Israel's conduct in the Gaza Strip during the Israel–Hamas war that resulted in a humanitarian crisis and mass killings.
South Africa's genocide case against Israel | |
---|---|
![]() | |
Court | International Court of Justice |
Full case name | Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel) |
Started | 29 December 2023 |
Transcript | Transcript of South Africa's submissions regarding provisional measures
Transcript of Israel's submissions regarding provisional measures The court's order regarding provisional measures |
Claim | Israel has committed, and is committing, genocidal acts and genocide against Palestinians in the Gaza Strip in violation of the Genocide Convention |
Court membership | |
President |
|
Associate judges | |
Keywords | |
South Africa alleged that Israel had committed and was committing genocide against Palestinians in the Gaza Strip, contravening the Genocide Convention, including what South Africa described as Israel's 75-year apartheid, 56-year occupation, and 16-year blockade of the Strip.[2] South Africa requested that the ICJ indicate provisional measures of protection, including the immediate suspension of Israel's operations.[3][4][5][6] Israel characterized South Africa's charges as "baseless", describing the country as "functioning as the legal arm" of Hamas.[7][8] Israel said that it was conducting a war of self-defense in accordance with international law following the Hamas-led attack on its territory on 7 October 2023.[9] Two days of public hearings were held on 11 and 12 January 2024 at the Peace Palace in The Hague.[10] The Court issued an Order, in which it ordered Israel to take all measures to prevent any acts contrary to the 1948 Genocide Convention,[11][12][13] but did not order Israel to suspend its military campaign.[14] The court also expressed concern about the fate of the hostages held in the Gaza Strip[15] and recognized the catastrophic situation in Gaza.[16] In late February, Human Rights Watch and Amnesty International asserted that Israel had failed to comply with the ICJ's provisional measures and that obstructing the entry and distribution of aid amounted to war crimes.[17][18]
On 28 March 2024, following a second request for additional measures, the ICJ ordered new emergency measures, ordering Israel to ensure basic food supplies, without delay, as Gazans face famine and starvation.[19][20] On 24 May, by 13 votes to two, the court ordered an immediate halt to Israel's offensive in Rafah. While there was a consensus among legal experts that the order requires Israel to halt its offensive immediately,[21] Israel has rejected this position and continued with its offensive operations.[22]
Background
Genocide Convention
In 1948, the United Nations General Assembly unanimously adopted the Convention on the Prevention and Punishment of the Crime of Genocide, which defined genocide as any of five "acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group". The acts were: killing members of the protected group, causing them serious bodily or mental harm, imposing living conditions intended to destroy the group, preventing births, and forcibly transferring children out of the protected group. Victims must be targeted because of their real or perceived membership of a protected national, ethnic, racial or religious group.[23][24]
Both Israel and South Africa have signed and ratified the Genocide Convention without reservation.[25][26]
Proceedings
Proceedings were instituted on 29 December 2023 at the International Court of Justice pursuant to the Genocide Convention,[26][27] and brought pursuant to Article IX of the convention.[4][28]
Balkees Jarrah, associate international justice director at Human Rights Watch, notes that the ICJ case is not a prosecution of individuals, and does not directly involve the International Criminal Court, which is a separate body[26] that is currently carrying out its own investigation.[29] Jarrah stated that the case presents an opportunity to "provide clear, definitive answers on the question of whether Israel is committing genocide against the Palestinian people".[26]
According to legal academics, South Africa's request for provisional measures against Israel does not require a determination of whether Israel actually perpetrated genocide, but instead requires the determination that it is "plausible" that Palestinian rights under the convention were violated.[30][31][32] Recent rulings in regard to the granting of provisional measures have taken between two weeks and one month after hearings.[33] A final judgement on the case could take years.[26][34]
Separately, hearings begin in February 2024 in regard to a U.N. request for a non-binding advisory opinion on the legal consequences arising from the policies and practices of Israel in the occupied Palestinian territory including East Jerusalem.[35]
On 24 January 2024, the Court announced that it would rule on the provisional measures request on 26 January 2024.[36]
On 12 February 2024, South Africa requested that the court consider whether a planned Israeli military offensive against Rafah "has already led to and will result in further large-scale killing, harm and destruction", in breach both of the Genocide Convention and of the Court's Order of January 26."[37]
South African government position
South Africa accuses Israel of committing acts of genocide in the Gaza Strip in violation of the 1948 Genocide Convention, which defined and prohibited genocide.[38][39] South Africa brought the case by invoking its "obligation to prevent genocide" as a signatory to the United Nations Genocide Convention.[40] The South African legal team includes John Dugard, Adila Hassim, Tembeka Ngcukaitobi, Max du Plessis, Tshidiso Ramogale, Sarah Pudifin-Jones, Lerato Zikalala, Vaughan Lowe and Blinne Ní Ghrálaigh.[41] South Africa has also appointed former Deputy Chief Justice Dikgang Moseneke as an ad hoc judge.[6][42] During his period of imprisonment on Robben Island, Moseneke had met and befriended fellow anti-apartheid activist and future President Nelson Mandela,[42][43] who went on to become a supporter of the Palestinian cause himself.[44][45] A number of international political figures will be joining the South African delegation, including Jeremy Corbyn and Jean-Luc Mélenchon.[46]
In the country's 84-page application it alleged that Israel's actions "are genocidal in character because they are intended to bring about the destruction of a substantial part of the Palestinian national, racial and ethnical group".[4][47] South Africa requested that the ICJ issue a binding legal order on an interim basis (i.e., prior to a hearing on the merits of the application), requiring Israel to "immediately suspend its military operations in and against Gaza."[4][47] Additionally, the incumbent South African president Cyril Ramaphosa also compared Israel's actions to apartheid.[48]
The submission asserts that "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".[39] Genocidal actions alleged in the suit included the mass killing of Palestinians in Gaza, the destruction of their homes, their expulsion and displacement, as well as the blockade on food, water and medical aid to the region. South Africa alleged that Israel had imposed measures preventing Palestinian births through the destruction of essential health services vital for the survival of pregnant women and their babies. The suit argued that these actions were "intended to bring about their [Palestinians] destruction as a group".[38][49]
In an effort to establish genocidal intent behind the actions, a very difficult task,[50] South Africa cited statements by Israeli leaders, such as Prime Minister Benjamin Netanyahu's invocations to "Remember what Amalek has done to you," referencing the total destruction of Amalek by the Israelites in the Bible, President Isaac Herzog's statement "It's an entire nation out there that is responsible. It's not true this rhetoric about civilians not aware not involved. It's absolutely not true. ... and we will fight until we break their backbone," and Minister of Defense Yoav Gallant's 'situation update' advising Israel is "imposing a complete siege on Gaza. No electricity, no food, no water, no fuel. Everything is closed. We are fighting human animals and are acting accordingly."[4] and military officials and representatives,[a] asserting that these "indicate in and of themselves a clear intent to destroy Palestinians in Gaza as a group 'as such'".[4] The submission further asserts that these statements constitute direct and public incitement to genocide which has gone "unchecked and unpunished"[4] and is instead being implemented; on this, the submission cites Israeli soldiers on the ground.[b]
Requested provisional measures of protection
The South African application set out nine provisional measures of protection requested:[51]
Number | Summary | Full description |
---|---|---|
1 | Suspension of military operations | The State of Israel shall immediately suspend its military operations in and against Gaza. |
2 | The State of Israel shall ensure that any military or irregular armed units which may be directed, supported or influenced by it, as well as any organisations and persons which may be subject to its control, direction or influence, take no steps in furtherance of the military operations referred to point (1) above. | |
3 | Prevent genocide | The Republic of South Africa and the State of Israel shall each, in accordance with their obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, in relation to the Palestinian people, take all reasonable measures within their power to prevent genocide. |
4 | Desist from killing, injuring, destroying life and preventing births | The State of Israel shall, in accordance with its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, in relation to the Palestinian people as a group protected by the Convention on the Prevention and Punishment of the Crime of Genocide, desist from the commission of any and all acts within the scope of Article II of the convention, in particular:
|
5 | Prevent displacement, deprivation and the destruction of life | The State of Israel shall, pursuant to point (4) (c) above, in relation to Palestinians, desist from, and take all measures within its power including the rescinding of relevant orders, of restrictions and/or of prohibitions to prevent:
|
6 | Desist from incitement, and punish acts of and encouragement to genocide | The State of Israel shall, in relation to Palestinians, ensure that its military, as well as any irregular armed units or individuals which may be directed, supported or otherwise influenced by it and any organizations and persons which may be subject to its control, direction or influence, do not commit any acts described in (4) and (5) above, or engage in direct and public incitement to commit genocide, conspiracy to commit genocide, attempt to commit genocide, or complicity in genocide, and insofar as they do engage therein, that steps are taken towards their punishment pursuant to Articles I, II, III and IV of the Convention on the Prevention and Punishment of the Crime of Genocide. |
7 | Prevent the destruction of and ensure the preservation of evidence | The State of Israel shall take effective measures to prevent the destruction and ensure the preservation of evidence related to allegations of acts within the scope of Article II of the Convention on the Prevention and Punishment of the Crime of Genocide; to that end, the State of Israel shall not act to deny or otherwise restrict access by fact-finding missions, international mandates and other bodies to Gaza to assist in ensuring the preservation and retention of said evidence. |
8 | Submit ongoing reports to the Court on measures taken | The State of Israel shall submit a report to the Court on all measures taken to give effect to this Order within one week, as from the date of this Order, and thereafter at such regular intervals as the Court shall order, until a final decision on the case is rendered by the Court. |
9 | Refrain from aggravating the situation | The State of Israel shall refrain from any action and shall ensure that no action is taken which might aggravate or extend the dispute before the Court or make it more difficult to resolve. |
Israeli government position
After the filing of the charges on 29 December, the Israeli Foreign Ministry rejected the allegations "with disgust", stating that Israel operates according to international law and focuses its military actions solely against Hamas, and that the residents of Gaza are not the enemy. It asserted that it takes steps to minimize harm to civilians and to allow humanitarian aid to enter the territory[26] and accused South Africa of "cooperating with a terrorist organisation that is calling for the destruction of the State of Israel" and the actions of South Africa as a blood libel.[52] An Israeli government spokesperson later asserted that "History will judge South Africa for abetting the modern heirs of the Nazis".[53]
On 2 January 2024, the Israeli government decided to participate in the ICJ proceedings, despite having previously refused to participate in previous international tribunals.[53][47]
The Foreign Ministry conveyed through diplomatic channels that a ruling against Israel "could have significant potential implications not only in the legal realm but also in practical, bilateral, economic, and security-related aspects."[54] The ministry characterized the South African charges as "baseless"[8] and further described South Africa as "functioning as the legal arm" of Hamas.[7]
The government appointed former President of the Supreme Court of Israel, Aharon Barak as an ad hoc judge to sit on the ICJ, as permitted by the court's statutes.[55][56][57] Barak's appointment was supported by the majority of the Israeli public in opinion polls, due to his status as an internationally respected legal authority,[56][57] but was criticised by several far-right Israeli politicians, including Ministers Bezalel Smotrich and Amihai Ben-Eliyahu.[57] In July 2024, following Barak's resignation for personal reasons, Israel announced the appointment of the conservative Israeli legal scholar, Ron Shapira, to replace Barak as the ad-hoc associate judge on the ICJ.[58]
Israeli Prime Minister Benjamin Netanyahu stated that it was Hamas that was committing genocide, and "would murder all of us if it could".[59] Netanyahu added that the Israel Defense Forces are "acting as morally as possible".[59] In a later statement, Netanyahu stated that "nobody" could stop Israel from continuing its actions in Gaza, including The Hague.[60] The Israel Defense Forces stated that it takes actions to reduce civilian casualties such as warning civilians in targeted areas and not striking certain areas with civilians.[59] The Israeli government stated multiple times that it wants to eliminate Hamas and not Palestinians.[59]
Israel argues that it is conducting a war of self-defense in accordance with international law following the Hamas-led attacks on Israeli territory on 7 October 2023, in which some 1,200 people were killed[9] and the continuing firing of missiles at civilian population centers and holding of hostages;[61][62] that the official directives of the Israeli war cabinet and military authorities responsible for directing the war do not indicate any policy of genocidal intent, and while acknowledging the high incidence of civilian casualties, asserts that this because Hamas and other militant groups use civilian infrastructure as cover for their military assets and operations;[62] and that it is following international law and allowing humanitarian aid into the territory.[9][63]
The representatives selected to present Israel's case at the ICJ hearing on 12 January were Tal Becker, Ministry of Foreign Affairs Legal Adviser, Malcolm Shaw, British jurist and Professor of International Law,[64][65] Christopher Staker, British barrister, Omri Sender, Israeli Attorney at Law and Galit Raguan and Gilad Noam, Deputy Attorney Generals for International Law in the Ministry of Justice, along with several other supporting legal counsel and advisors.[66]
The representatives of Israel responded to South Africa's charges at the ICJ by asserting that the charges lacked both legal and factual basis:[67][68]
Representatives of Israel argued that the context of the conflict, particularly the atrocities committed by Hamas on October 7,[69] demonstrate that if there have been acts that may be characterized as genocidal, they were perpetrated against Israel.[68] They emphasized that Israel is committed to complying with international law[67] and argued that Hamas showed contempt for that law by using Palestinian civilians as human shields and civilian infrastructure for military uses, firing rockets indiscriminately at Israeli civilian targets and by taking and holding hostages.[70] They maintained that Israel makes efforts to mitigate civilian harm and address the humanitarian situation in Gaza by warnings for civilians to evacuate areas of planned attacks, permitting the entry of aid, and the establishment of field hospitals.[68][71]
On legal grounds, the Israeli team argued that the court has no jurisdiction over this case, as no disputes exist between the country and South Africa. Shaw cited the exact dates of Israeli responses to the diplomatic notes it received, including proposals for meetings between South African and Israeli officials to talk about Gaza.[72] Israel further argued that South Africa had failed to show intent, a fundamental element of genocide, about the acts which are the subject of the complaint, in order for it to fall within the provisions of the Genocide Convention and therefore asserted that the ICJ lacked jurisdiction over the Gaza war. Shaw contended that the South African case provided only a partial narrative and urged the court to consider the decisions of the Israeli cabinet instead of focusing on "random statements by politicians who are not decision-makers".[73][74][75]
Israeli team maintained that the requested provisional measures would deprive Israel of its obligation under international law to provide defense to its citizens, to the hostages, and to over 110,000 internally displaced Israelis; it would also encourage further attacks.[75][72]
Initial ruling on plausibility
In its initial ruling on 26 January 2024, the court accepted the plausibility of "at least some of the rights claimed by South Africa" under the Genocide Convention, and found it has prima facie jurisdiction to adjudicate the dispute.[76][77] The Court did not specify which rights, and clarified that this was not a ruling on whether Israel was in breach of the convention.[11][78] According to Joan Donoghue, the President of the court during the initial hearing, this did not mean that the court had found that Israel was plausibly committing genocide; instead the test that it was considering was whether the "rights that are asserted by the applicant, in this case South Africa" are plausible. She said the court decided that these asserted rights were plausible; that Palestinians had a plausible right to be protected from genocide and that South Africa had the right to present that claim in the court.[79][80]
The standard for a provisional finding of plausibility is low,[78][81][82][83][84] and much lower than the standard for establishing a violation occurred, which would be determined at the conclusion of the case.[85][86][87] According to Todd F. Buchwald there is a "gap between plausibility and the much higher level of certainty that the Applicant will eventually need to satisfy in order to establish that the Respondent has violated its obligation".[88]
The court stated, in paragraphs 30 and 54 of the ruling, as follows:[89]
30. ... In the Court's view, at least some of the acts and omissions alleged by South Africa to have been committed by Israel in Gaza appear to be capable of falling within the provisions of the Convention.[13]
54. In the Court's view, the facts and circumstances mentioned above are sufficient to conclude that at least some of the rights claimed by South Africa and for which it is seeking protection are plausible. This is the case with respect to the right of the Palestinians in Gaza to be protected from acts of genocide and related prohibited acts identified in Article III, and the right of South Africa to seek Israel's compliance with the latter's obligations under the Convention.[89]
Ruling on provisional measures
In its Order of 26 January 2024, while not granting South Africa's request to order Israel to suspend its military operations in Gaza, the Court ordered Israel to take measures to prevent acts of genocide in the Gaza Strip, and to report to the Court regarding by 23 February 2024;[90] to prevent and punish incitement to genocide; to allow humanitarian aid into Gaza; and generally, to take more measures to protect Palestinians.[91] The court ordered the following provisional measures, compared against those requested by South Africa:[78][12][92][93]
Summary | Court judgment (26 Jan 2024) | South Africa original request (29 Dec 2023) |
---|---|---|
Prevent genocide and desist from killing, injuring, destroying life and preventing births | (1) The State of Israel shall, in accordance with its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, in relation to Palestinians in Gaza, take all measures within its power to prevent the commission of all acts within the scope of Article II of this convention, in particular:
(2) The State of Israel shall ensure with immediate effect that its military does not commit any acts described in point 1 above; |
(3) The Republic of South Africa and the State of Israel shall each, in accordance with their obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, in relation to the Palestinian people, take all reasonable measures within their power to prevent genocide. |
(4) The State of Israel shall, in accordance with its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, in relation to the Palestinian people as a group protected by the Convention on the Prevention and Punishment of the Crime of Genocide, desist from the commission of any and all acts within the scope of Article II of the convention, in particular:
| ||
Desist from incitement, and punish acts of and encouragement to genocide | (3) The State of Israel shall take all measures within its power to prevent and punish the direct and public incitement to commit genocide in relation to members of the Palestinian group in the Gaza Strip; | (6) The State of Israel shall, in relation to Palestinians, ensure that its military, as well as any irregular armed units or individuals which may be directed, supported or otherwise influenced by it and any organizations and persons which may be subject to its control, direction or influence, do not commit any acts described in (4) and (5) above, or engage in direct and public incitement to commit genocide, conspiracy to commit genocide, attempt to commit genocide, or complicity in genocide, and insofar as they do engage therein, that steps are taken towards their punishment pursuant to Articles I, II, III and IV of the Convention on the Prevention and Punishment of the Crime of Genocide. |
Enable the provision of basic services and humanitarian assistance | (4) The State of Israel shall take immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance to address the adverse conditions of life faced by Palestinians in the Gaza Strip; | (5) The State of Israel shall, pursuant to point (4) (c) above, in relation to Palestinians, desist from, and take all measures within its power including the rescinding of relevant orders, of restrictions and/or of prohibitions to prevent:
|
Prevent the destruction of and ensure the preservation of evidence | (5) The State of Israel shall take effective measures to prevent the destruction and ensure the preservation of evidence related to allegations of acts within the scope of Article II and Article III of the Convention on the Prevention and Punishment of the Crime of Genocide against members of the Palestinian group in the Gaza Strip; | (7) The State of Israel shall take effective measures to prevent the destruction and ensure the preservation of evidence related to allegations of acts within the scope of Article II of the Convention on the Prevention and Punishment of the Crime of Genocide; to that end, the State of Israel shall not act to deny or otherwise restrict access by fact-finding missions, international mandates and other bodies to Gaza to assist in ensuring the preservation and retention of said evidence. |
Submit ongoing reports to the Court on measures taken | (6) The State of Israel shall submit a report to the Court on all measures taken to give effect to this Order within one month as from the date of this Order. | (8) The State of Israel shall submit a report to the Court on all measures taken to give effect to this Order within one week, as from the date of this Order, and thereafter at such regular intervals as the Court shall order, until a final decision on the case is rendered by the Court. |
Suspension of military operations | n.a. | (1) The State of Israel shall immediately suspend its military operations in and against Gaza. |
(2) The State of Israel shall ensure that any military or irregular armed units which may be directed, supported or influenced by it, as well as any organisations and persons which may be subject to its control, direction or influence, take no steps in furtherance of the military operations referred to point (1) above. | ||
Refrain from aggravating the situation | n.a. | (9) The State of Israel shall refrain from any action and shall ensure that no action is taken which might aggravate or extend the dispute before the Court or make it more difficult to resolve. |
The votes for the six provisional measures were as follows:
- 15 votes to 2, with Julia Sebutinde and Aharon Barak dissenting
- 15 votes to 2, with Sebutinde and Barak dissenting
- 16 votes to 1, with Sebutinde dissenting
- 16 votes to 1, with Sebutinde dissenting
- 15 votes to 2, with Sebutinde and Barak dissenting
- 15 votes to 2, with Sebutinde and Barak dissenting
The Court also expressed "grave concern" about the fate of the hostages held in the Gaza Strip, and called for their immediate release[15] as well as recognizing a catastrophic situation in Gaza "at serious risk of deteriorating further" prior to a final verdict.[16]
In response to the ruling, Israeli prime minister Benjamin Netanyahu said "The charge of genocide leveled against Israel is not only false, it's outrageous, and decent people everywhere should reject it ... Israel will continue to defend itself against Hamas, a genocidal terror organization".[94] He further affirmed Israel's "unwavering commitment" to international law.[95][96]
Riyad al-Maliki, Foreign Affairs Minister of the State of Palestine, said that the Court "ruled in favour of humanity and international law".[15][97]
South Africa, a longstanding advocate for the Palestinian cause, praised the ruling. President Cyril Ramaphosa expressed his anticipation that Israel would comply with the ruling.[98]
The Court's provisional ruling produced six sets of reasons: the Order of the Court, a dissent by Judge Julia Sebutinde, a separate opinion by Judge ad hoc Aharon Barak, and declarations by Judges Xue Hanqin, Dalveer Bhandari, and Georg Nolte.[12]
Urgent request for additional measures
First request
On 12 February 2024, ahead of a planned Israeli military ground invasion of Rafah, South Africa submitted an "urgent request for additional measures under Article 75 (1)" due to the "developing circumstances in Rafah".[99][100] South Africa requested the court to consider exercising its authority, as it argued a Rafah offensive would be in violation of both the Genocide Convention and the court's January interim order.[101][102]
In its response on 15 February, Israel described South Africa's claims of an "unprecedented military operation" in Rafah on 11 February to rescue two Israeli hostages, which Hamas claimed had killed dozens of Palestinians, as an "outrageous distortion," and asserted that Hamas was demonstrating "contempt for the law" by failing to comply with the ICJ's call for the immediate and unconditional release of all remaining hostages. It characterized the South African submission as "evidence of a renewed and cynical effort by South Africa to use provisional measures as a sword, rather than a shield, and to manipulate the Court to protect South Africa's longtime ally Hamas, a genocidal terrorist organization, from Israel's inherent right and obligation to defend itself, in accordance with the law, from the terrorist assault it faces and to pursue the release of over 130 hostages."[103][104]
On 16 February, the Court rejected South Africa's request, stating that the provisional measures that it had issued in January were applicable throughout the Gaza Strip, including in Rafah, and did not demand the indication of additional provisional measures, while also stressing that Israel must respect those earlier measures.[105] After the ICJ declined to grant the emergency application, Kenneth Roth, the former director of Human Rights Watch and a professor at Princeton University, stated, "What the court just did though, it said, 'We already ordered all this to stop. Rather than repeating ourselves, it's up to the governments of the world, the UN Security Council, and foremost the US government, to stop this killing'".[106]
Second request
On 6 March, South Africa filed a second request for additional measures, requesting the court to order additional emergency measures to require that Israel provide humanitarian assistance to address starvation and famine in Gaza.[107] In its statement, South Africa argued, "The situation is urgent. South Africa has no choice but to approach the Court for the strengthening of the Provisional Measures in place to try prevent full-scale famine, starvation and disease in the Gaza Strip".[108] Israel's legal team described South Africa's request as "wholly unfounded in fact and law, morally repugnant, and represent an abuse both of the Genocide Convention and of the court itself".[109]
On 28 March 2024, the court adopted the emergency measures.[19] The court's judges said "The court observes that Palestinians in Gaza are no longer facing only a risk of famine (...) but that famine is setting in", unanimously ordering Israel to take action to ensure food supplies to the Palestinian population without delay.[20]
Third request
On 10 May 2024, South Africa requested additional provisional measures that would protect the population of Rafah in the face of Israeli attack in that area.[110] South Africa's arguments for these provisional measures were presented orally on 16 May,[111] and Israel's arguments were presented the following day.[112]
Before closing the hearing on 17 May, the ICJ requested Israel provide more information about humanitarian conditions in its declared "evacuation zones" in Gaza. Judge Georg Nolte asked Israel to clarify the conditions in these zones, including how it plans to ensure the safe passage of evacuees and the provision of essential supplies such as food and shelter. Israel has been asked to submit a written reply to the question by 18 May at 4 pm.[113]
On 24 May 2024, the court ruled that continuing the ongoing Rafah offensive would constitute a violation of the Palestinians' right for safety and therefore must cease immediately.[114] Judge Nawaf Salam said the court sees the situation in Rafah as "disastrous" and "Israel must immediately halt its military offensive and any other action in Rafah which may inflict on the Palestinian group in Gaza conditions of life that could bring about its physical destruction in whole or in part".[115][116][117] Israel denounced the ICJ and said its assault on Rafah does not need to be halted because it does not pose an unlawful threat to civilians.[118]
The interpretation of the specific scope of the ruling varies between the judges, including some arguing that at least some military operations in Rafah are still permitted.[119] Of the 5 judges which published statements, four allowed for some limited military operations, with the Israeli, German, Ugandan and Romanian Judges arguing that the ruling does not mandate a unilateral ceasefire in Rafah, and allows for preventative and defensive actions against Hamas as well as the rescue of hostages.[120][21] The South African judge disagreed, stating that while defensive actions against specific attacks are permitted, any offensive ones would not be.[120]
Israel report to the court
As ordered by the court, Israel on 26 February 2024, filed a report about measures taken to comply with the interim ruling, which was not released to the press or the public.[121]
Human Rights Watch said that Israel had not complied with at least one provisional measure, stating fewer humanitarian aid trucks entered Gaza after the ruling than in the weeks preceding it.[122][123] Amnesty International similarly said Israel had not complied with the ICJ ruling to ensure sufficient aid to Palestinians in Gaza. The United Nations Special Rapporteur on the Right to Food, Michael Fakhri, described what was occurring in Gaza as "a situation of genocide".[124] Oxfam stated, "The risk of genocide is increasing in northern Gaza because the Government of Israel is ignoring one of the key provisions of the International Court of Justice, to provide urgently needed basic services and humanitarian assistance".[125] Doctors Without Borders stated, "There are no signs of Israeli forces attempting to limit the loss of civilian life or alleviate the suffering of people."[126]
Further submissions by South Africa and Israel
On 5 April 2024, the court set the schedule for comprehensive submissions of legal opinions by South Africa and Israel. The time limit for the South African memorial was set to be 28 October 2024, and for the Israeli response 28 July 2025.[127]
Analysis
Prior to preliminary ruling
Procedural matters
Lawfare, a website affiliated with the Brookings Institution, likened South Africa's application to proceedings instituted by The Gambia against Myanmar in relation to the Rohingya genocide.[128] Writing in Just Security, an online forum based at the Reiss Center on Law and Security, Alaa Hachem and Professor Oona A. Hathaway note South Africa's invocation of erga omnes partes, a doctrine of legal standing which "allows a State party to a treaty protecting common legal rights to enforce those rights even if the State is not directly affected by the violation".[50] Hachem and Hathaway state that the Rohingya genocide case (specifically, the acceptance of jurisdiction by the ICJ), "revolutionized" the doctrine of erga omnes. They concluded that it was "highly likely" the Court would find that South Africa has standing to institute the proceedings.[50]
Marc Weller, Professor of International Law and International Constitutional Studies at Cambridge University, argues that "Israel cannot avoid scrutiny of its use of force and associated practices, and possible interim measures of protection, simply by invoking self-defence."[129] While stating that Israel suffered what he describes as an "atrocious attack" that would likely inform the Court's analysis of its self-defence claim, he concludes that the claim of self-defence does not bar the issuance of provisional measures of protection.[129]
Analysis of the merits
David Scheffer, who served as the first United States Ambassador-at-Large for War Crimes Issues, criticized South Africa's case for what he called a "complete lack of recognition... that Israel is at war," and argued that any Palestinian civilian deaths are the result of a military action against an enemy which Israel has "a justifiable right to attack in self-defense," rather than genocidal intent. Scheffer said that in a military and responsorial context of events since the October 7 attack, coupled with Israel's evacuation of Gazan civilians and its humanitarian aid efforts, would make it "clearly a line too far to try to argue that it is Israel that actually has the intent to commit genocide when Israel is responding to a genocidal act in order to prevent further genocide against Israel."[130]
In their commentary on Just Security, Hachem and Hathaway stated that establishing genocidal intent is "extraordinarily challenging".[50]
David Keane, a law professor focusing on the International Convention on the Elimination of All Forms of Racial Discrimination, states that the allegation in South Africa's application that Israel practices apartheid "is a remarkable statement coming from South Africa, which perhaps has been somewhat overshadowed by the overarching genocide claim."[131] Keane notes that South Africa's application referred to the work of the Committee on the Elimination of Racial Discrimination.[131]
In a series of posts on Verfassungsblog, University of Haifa law professor Itamar Mann stated that it "seems rather unlikely" that the Court would grant all provisional measures sought by South Africa, following oral argument in the case.[132] He argued that the Court may impose a range of provisional measures, but would likely stop short of ordering Israel to suspend hostilities.[132] He described South Africa's lack of reference to the ongoing armed conflict as a litigation strategy that may work against its case.[133] He expressed concern that the provisional measures may legitimize what he described as extended or potentially "endless" war in Gaza.[132]
An analysis, published in the Just Security forum, argues that the primary difference between South Africa and Israel position lies in competing narratives presented by both parties. The South African application followed a narrative of "...Israel commencing a massive attack on the Gaza Strip [after the events of October 7th], ...causing widespread destruction of an unprecedented nature, and severely impacting the entire population of Gaza". Israeli response followed a narrative of "...the harm and suffering experienced by Palestinian civilians were a regrettable, wholly undesirable but ultimately inevitable consequence of an intensive armed conflict taking place in an urban area...".[134]
Professor Alan Dershowitz argued that Israel made a mistake in submitting to the jurisdiction of the ICJ court, because "...it is not a real court...it reflects foreign policy, not rule of law, not judiciary". He further asserted that "[the accusation of genocide against Israel] ...is one of the most absurd abuses of the judicial process in modern history".[135]
South Africa's allegations at the ICJ, regarding Israel's actions, have drawn criticism from some publications and individuals. The Economist, Wall Street Journal Editorial Board, former IDF international law division head Daniel Reisner, and The Daily Telegraph, and argued that labeling Israel's actions as "genocide" cheapens the term and undermines its serious nature as defined by the UN Genocide Convention.[136][137][138][139] South Africa's claims were also criticized by The Economist, for diverting attention from real issues such as potential breaches of war laws and the humanitarian crisis in Gaza,[136] and, by David Scheffer, for ignoring Hamas' actions.[130] The Economist and the Times of Israel argued that Israel's actions are defensive responses to Hamas, not identity-based attacks on Palestinians, and warn that these claims could weaken global genocide laws.[136][140] Austrian Chancellor Karl Nehammer and Czech Prime Minister Petr Fiala argued that the country's actions could result in the politicisation of the ICJ.[141][142][138]
Israeli defense
In statements before the court, Israel's attorneys argued it has implemented "humanitarian protective measures", such as a wide-scale evacuation notification system, to prevent civilian casualties.[143] In a report, the Goldsmith's College research team Forensic Architecture called this claim into question, stating that rather than preventing civilian casualties, the evacuations had instead "produced mass displacement and forced transfer, and contributed to the killings of civilians throughout Gaza".[144]
In a separate report, Forensic Architecture found that in eight instances, the Israeli defense had "misrepresented the visual evidence they cited, through a combination of incorrect annotations and labelling, and misleading verbal descriptions."[145]
Following the provisional measures order
Third States funding or supporting Israel's actions in Gaza may need to consider the impact of the court's ruling on their actions and the ruling is considered likely to trigger cases in domestic jurisdictions.[146][147][148][149]
An analysis published by Opinio Juris concluded that the Court's ruling on provisional measures "is mostly unsurprising, legally and politically significant, and represents a victory for South Africa at the provisional measures stage."[150] This analysis stated that the Court's order of provisional measures by a significant majority "sends a strong legal and political message to Israel that its current course of action is unacceptable", and further, that "the Court firmly confirmed that the situation on the ground in Gaza is catastrophic."[150] Israeli legal analysts confirmed that the court largely adopted the South African argument.[151]
Following the alleged participation of UNRWA employees in the Hamas-led attack on Israel, several countries suspended funding for UNRWA. According to Francesca Albanese, the UN special rapporteur for the occupied Palestinian territories, the decision to suspend funding could be a violation of the Genocide Convention, and "overtly defies" the provisional rulings.[152][153][154] Francesca Albanese wrote on X: "The day after International Criminal Court (ICJ) concluded that Israel is plausibly committing Genocide in Gaza, some states decided to defund UN Agency for Palestinian refugees (UNRWA)".[155] UN special rapporteur on the right to food, Michael Fakhri, said famine was inevitable and that the funding decisions "collectively punishes over 2.2 million Palestinians."[156] The order is expected to impact Israel's conduct in Gaza; according to Stephen Rapp, former U.S. Ambassador-at-Large for War Crimes Issues, Israel's allies will find it hard to accept noncompliance.[157]
On 28 January 2024, a conference on resettling Gaza was attended by 11 cabinet ministers and 15 coalition members of the Israeli Knesset. According to The Guardian, their attendance appeared "to violate the international court of justice ruling last week that Israel must "take all measures within its power" to avoid acts of genocide in its war in Gaza, including the "prevention and punishment of genocidal rhetoric".[158]
In February 2024, Francesca Albanese said that Israel appears to be violating the orders of the ICJ regarding Gaza.[159] Gisha, an Israeli human rights organization, stated that Israel was not following the provisional measure to enable humanitarian aid, stating aid agencies were under attack, unable to deliver aid safely, and were not receiving deconfliction coordination.[160] In March 2024, an analysis by Refugees International had found that Israel was failing to fulfill its obligations under the interim orders, stating Israel had "a clear pattern of wider obstruction of relief deliveries to Gaza, and its conduct of military operations that systematically obstruct effective humanitarian action within Gaza".[161] A group of Israel's twelve most prominent human rights organizations stated Israel was failing to comply with the court's ruling to facilitate humanitarian aid into Gaza.[162]
Following the Court's granting South Africa's emergency measure request to increase humanitarian aid, legal expert Alonso Gurmendi stated humanitarian assistance to Gaza "is potentially what might make or break the case".[163]
In June 2024, a three-person United Nations-backed committee released a report on the war in Gaza that accused Palestinian armed groups and Israel of committing war crimes, including crimes against humanity.[164] In what was described as having "provided the most detailed U.N. examination yet of events on and since Oct. 7,"[165] the committee noted the torture and deaths of Israelis, the allegations of rape and sexual violence, and the abduction of hostages during the October 7 attack.[166] The report also noted, among others, Israel's use of "starvation as a weapon of war" in Gaza, the "disproportionately" high number of civilian casualties, and the use of heavy weapons in densely populated areas.[167][168] While the findings of the report did not result in any penalties unto Israel or Hamas and its allies, evidence in the report could form the basis for war crime prosecutions and disputes at the ICC and ICJ.[169][170]
Implementation of third request
Yuval Yoaz, an Israeli lawyer and lecturer at Tel Aviv University, described the core issue as "whether the qualification – "which may inflict on the Palestinian group in Gaza conditions of life that could bring about its physical destruction in whole or in part" – applies only to "any other action," or also to "military offensive.""[171] He was critical of the use of ambiguous language by the court, explaining that it was likely a result of an attempt to create an order supported by as many judges as possible, and the initial interpretation of the media which did not align with the meaning as later stated by the judges. However, his primary concern was that the vague order led to diverging interpretations; he was highly critical of statements made by members of the Israeli Government, which he says contributed to the amendment of the order.[171]
Stefan Talmon, a professor of international law at the University of Bonn and former professor at University of Oxford,[172] argued that while a Rafah offensive can't continue in its current form, but could only be continued once steps were taken to ensure that the civilian population has access to food, water and medicine, which he described as "difficult to implement".[21][173]
Other, such as Amnesty International and Alonso Gurmendi, who is a lecturer in international relations at the University of Oxford, interpreted the order as prohibiting the Rafah offensive in its entirety.[174] In a statement, Amnesty stated, "The ground incursion and the associated mass forced displacement it has caused, pose further irreparable risk to the rights of the Palestinian people protected under the Genocide Convention".[175] Reed Brody, a war crimes prosecutor, stated, "These are very specific orders; stop the offensive on Rafah, open the border crossing, allow in the fact-finding missions. There’s not a lot of wiggle room here".[176]
Other international responses
States and international organizations
In support
South Africa's case has been supported by the following states and international organizations:
- Algeria[177]
- Bangladesh[5]
- Bolivia[178]
- Brazil[179][180][181]
- Chile[182]
- China[183]
- Colombia[179][184]
- Comoros[185]
- Cuba[186]
- Djibouti[185]
- Egypt[187][188]
- Indonesia[189]
- Iran[190]
- Iraq[189]
- Ireland[191]
- Jordan[192]
- Lebanon[193]
- Libya[194]
- Malaysia[195]
- Maldives[196]
- Mexico[197]
- Namibia[5]
- Nicaragua[5][198]
- Pakistan[199]
- Palestine[5]
- Sahrawi Arab Democratic Republic[200]
- Saint Vincent and the Grenadines[201]
- Slovenia[202][203]
- Spain[204][205]
- Syria[206]
- Turkey[195]
- Venezuela[5]
- Zimbabwe[207][208]
- African Union[209][210]
- Arab League[211]
- Organisation of Islamic Cooperation[212]
- Non-Aligned Movement[213]
On 10 January, Brazilian President Luiz Inácio Lula da Silva expressed support for the lawsuit, with the Ministry of Foreign Affairs stating, "The president expressed his support for South Africa's initiative to call on the International Court of Justice to order Israel to immediately cease all acts and measures that may constitute genocide".[180] Slovenia announced that it will participate in the ICJ proceedings initiated by the UN General Assembly concerning Israel's allegedly controversial activities in Gaza and the West Bank, including East Jerusalem.[214]
Namibian President Hage Geingob criticized Germany for supporting Israel at the case, claiming Germany had failed to draw lessons after having perpetrated the 1904 Herero and Namaqua genocide: "Germany cannot morally express commitment to the United Nations Convention against genocide, including atonement for the genocide in Namibia, whilst supporting the equivalent of a holocaust and genocide in Gaza."[215][216]
On 9 January, Belgian Deputy Prime Minister Petra de Sutter stated she was encouraging her government to support the suit, stating, "Belgium cannot stand by and watch the immense human suffering in Gaza. We must act against the threat of genocide".[217] Belgium's Development Minister Caroline Gennez questioned Germany's stance, saying: "German friends: are you really going to be on the wrong side of history twice? Are we going to continue to stand by if ethnic cleansing were to take place? Surely that was 'nie wieder'? So I hope Germans will want to look deep into their own hearts, unburdened by their own historical traumas."[218] Belgian PM Alexander De Croo and foreign minister Hadja Lahbib expressed disapproval with Gennez's comments, with the latter saying: "If we want to play a role, it should be that of mediator and not prosecutor."[219]
On 12 January, Turkish President Recep Tayyip Erdoğan expressed support for the lawsuit.[220] On 12 January, the Russian Foreign Ministry spokeswoman Maria Zakharova said that the "massive civilian casualties during the current escalation of the Palestinian-Israeli conflict are outrageous and deeply regrettable ... And in this regard, we understand the motives of South Africa's appeal to the International Court of Justice."[221] On 21 January, Zakharova criticised Germany for its "unfettered support [...] to Israel while dismissing any possible consequences."[222][223] Russia's Special Envoy for Syria, Alexander Lavrentiev, said on 25 January that the ICJ should legally classify Israel's actions in the Gaza Strip as genocide.[224][225]
On 14 January, Spanish Minister of Social Rights Pablo Bustinduy stated that they were working on making the Spanish government support the suit, by stating "full support for the lawsuit that South Africa has filed against Israel to stop the genocide of the Palestinian people. We will continue to demand that Spain joins this lawsuit and ask for the immediate recognition of the Palestinian state".[226] On 26 January 2024, the Spanish government issued a statement celebrating the International Court of Justice's decision, calling on all parties "to respect and comply with these measures in their entirety".[227]
The Irish government initially announced it will not join South Africa's case against Israel. Irish Prime Minister Leo Varadkar said: "I would be a little bit uncomfortable about accusing Israel, a Jewish state, of genocide given the fact that six million Jews – over half the population of Jews in Europe – were killed."[228] On 24 January 2024, the Irish parliament voted not to support South Africa's case and instead voted to "strongly consider" intervening once the ICJ has made its order on preliminary measures.[229] On 27 March, Ireland announced that it will intervene in the case.[230][231]
Following Ugandan judge Julia Sebutinde's vote to reject South Africa's request for provisional measures, the Ugandan Ministry of Foreign Affairs released a statement that it supported South Africa's position and that Sebutinde's vote "does not in any way, reflect the position of the Government of the Republic of Uganda".[232] In response to the court's interim ruling on the provisional measures, African Union Commission chair Moussa Faki Mahamat stated, "The ruling upholds the respect of international law and the need for Israel to imperatively comply with its obligations".[233] The Arab League held an extraordinary session on 28 January to reach a "unified Arab stance" on how to ensure Israel's compliance with the interim ruling and how to hold it "accountable for incitement to genocide in Gaza".[234]
Palestinian Foreign Minister Riyad al-Maliki welcomed the ICJ's interim ruling, saying it "recognised the gravity of the situation on the ground".[235] On 30 January 2024, the deputy Palestinian representative to the UN, stated, "Invoking the genocide convention... is part of an important and decisive shift that has been in the making for a long time."[236] In March 2024, New Zealand's Minister of Foreign Affairs Winston Peters stated, "New Zealand notes and welcomes the new additional measures issued by the International Court of Justice in its ongoing case on Gaza. We call on Israel to adhere to the new measures".[237]
On 1 May, the Turkish government stated it decided to join the South African case at the ICJ.[238] Later the same month, Egypt and the Maldives both joined the ICJ case.[239][240]
On 24 May, Mexico filed a declaration of intervention[241] to join the case alleging "the deliberate obstruction of access to humanitarian assistance" and the "destruction of cultural heritage" against Israel.[242][243] A few days later, President Gabriel Boric announced during the annual address to Congress that Chile will intervene and support the South African case against Israel.[244]
On 3 June, the government of the State of Palestine joined the case against Israel.[245]
On 6 June, Spain announced it was joining South Africa's case against Israel.[246][247] On 22 June, Cuba announced it would also join South Africa's case against Israel.[248]
On 7 August, Turkey submitted its request for joining the ICJ case.[249]
In opposition
South Africa's case has been opposed by the United States; U.S. National Security Council spokesperson John Kirby said the U.S. found the "submission meritless, counterproductive, completely without any basis in fact whatsoever".[257] U.S. Secretary of State Antony Blinken called the genocide accusation against Israel "meritless".[258]
The Guatemalan government issued a statement saying that the filing was regrettable and that Israel was making a "legitimate defense against the attacks of the terrorist group Hamas".[254]
Austrian Chancellor Karl Nehammer and Czech Prime Minister Petr Fiala said in a joint statement that they "oppose any attempts to politicize the ICJ."[251][clarification needed]
Hungarian Foreign Minister Péter Szijjártó condemned the "legal attack launched against Israel".[251]
British Prime Minister Rishi Sunak had the opinion that South Africa's case was "completely unjustified and wrong", according to his spokesperson.[59] The British government was accused of double standards and hypocrisy as the UK, as well as Canada, Germany, Denmark, France and the Netherlands, joined The Gambia's ICJ case against Myanmar in November 2023 for committing the Rohingya genocide.[259] Foreign Secretary David Cameron dismissed South Africa's ICJ genocide case as "nonsense", saying that Israel is "a democracy, a country with the rule of law, a country with armed forces that are committed to obeying the rule of law".[260]
The German government has announced its opposition to South Africa's application and its intention to intervene before the ICJ on Israel's behalf.[253] Germany's Vice Chancellor Robert Habeck stated: "You can criticise the Israeli army for acting too harshly in the Gaza strip, but that is not genocide."[251] On 10 January 2024, German Foreign Minister Annalena Baerbock said that "Israel's self-defence" against Hamas cannot be considered genocide.[261]
Australian Prime Minister Anthony Albanese declared that the Australian government will not participate in South Africa's genocide case against Israel.[262] Australian Foreign Minister Penny Wong said that "Our support for the ICJ and respect for its independence does not mean we accept the premise of South Africa's case".[263]
Neutrality
Canada's Prime Minister, Justin Trudeau, said he did not accept the premise of South Africa's genocide motion, although Global Affairs Canada has stated that Canada will abide by the ICJ ruling in the case.[264][265] Opposition Conservative Leader Pierre Poilievre accused Trudeau of "sinister and hypocritical" doublespeak on the issue.[266] Canada's unclear position caused confusion, and it was initially widely misreported that Canada opposed the application.[265] Israel's Consul-General in Toronto, Idit Shamir, claimed that "Canada is siding with Israel in its defence against allegations of genocide."[267] On 18 January 2024, Israel's ambassador to Canada called on the Canadian government to clarify its position.[268]
The European Commission's spokesperson on foreign affairs, Peter Stano, stated that "The European Union is not part of this lawsuit...This is not for us to comment at all."[251][269] Later, after the ICJ made the provisional measures ruling, the Commission stated "Orders of the International Court of Justice are binding on the parties and they must comply with them. The EU expects their full, immediate and effective implementation."[270]
Movements, parties, and unions
The lawsuit has also been supported by hundreds of activist groups, NGOs, political parties, unions, and other organizations, with (as of mid-January 2024) over 1400 showing support in the form of a letter organized by the newly-formed International Coalition to Stop Genocide in Palestine.[271][272][273][274][275] Some of that letter's signatories, and other supportive organizations, include:
- Al-Haq[276]
- Al-Mezan Center for Human Rights[276]
- Amnesty International[277]
- Boycott from Within[273][275][278]
- CodePink[279][271][272]
- De-Colonizer[280][273][275]
- Democratic Socialists of America[273]
- Human Rights Watch[26][281][5]
- International Jewish Anti-Zionist Network[273]
- International Peoples' Assembly[129]
- Israeli Committee Against House Demolitions[273][275][282]
- Israelis Against Apartheid[273][275][283][284]
- Jewish Voice for Peace[273]
- La Via Campesina[129]
- National Lawyers Guild[271]
- Nelson Mandela Foundation[285]
- New Zealand Labour Party[286][287]
- Palestinian Centre for Human Rights[276]
- Palestinian General Federation of Trade Unions[129]
- Palestinian NGO Network[129]
- Progressive International[279][271][272]
- RootsAction[279][271][272]
- People's Forum[279][271][272]
- Women's International League for Peace and Freedom[288]
- World Beyond War[279][271][272]
- World March of Women[129]
Individuals and other groups
Public opinion
A poll by Economist/YouGov found that 35% of U.S.-Americans believe that the current war is a genocide while 36% say it isn't and 29% undecided.[289]
Academics
Raz Segal, an Israeli historian of genocide, stated the case was notable due to the "mountain of evidence on genocidal intent that's been expressed by people with command authority".[290] Marco Sassoli, a professor of international law at the University of Geneva, said that not "everyone in the West is in favour of Israel and [not] everyone in the Global South is opposed to Israel," adding that "Both Western States and the Global South have double standards. Double standards are a poison for the credibility of international law."[291] A group of New Zealand's legal experts, led by David Williams and Jane Kelsey, signed an open-letter urging Prime Minister Christopher Luxon to support South Africa's petition.[292]
Responding to the court's ruling on the provisional measures, Ilias Bantekas, a professor at Hamad Bin Khalifa University, stated, "Reading between the lines, this is a clear call that there is evidence that Israel has committed genocide."[293] Professor Diana Buttu criticized Canada's response to the interim ruling for including "racist Israeli talking points".[294]
Officials
Rosalie Silberman Abella, a former puisne justice of the Supreme Court of Canada, called the ICJ proceedings an "abuse of the principles of the international legal order."[295] Pierre Poilievre, leader of Canada's official opposition, the Conservative Party, called the accusation "a shameless and dishonest attack on Jewish people and the Jewish state."[296][297]
Ofer Cassif, an Israeli politician representing the left-wing party Hadash, signed South Africa's petition and accused Israel of genocide.[298] In response, lawmakers began proceedings to expel him from the Knesset.[299] The motion ultimately failed to obtain the required super-majority in the Knesset and Cassif retained his seat.[300] However, other Israeli officials rejected the ruling and two ministers in the coalition government accused the court of having an antisemitic bias.[301][302]
Volker Türk, the United Nations High Commissioner for Human Rights, said: "It is not a blood libel to deplore the failure to hold to account Israeli soldiers and armed settlers who have killed hundreds of Palestinians in the West Bank since October 7, or the prolongation of a war whose conduct has raised grave international humanitarian and human rights law concerns."[303]
UK Shadow Foreign Secretary David Lammy stated the ICJ interim ruling "sets out urgent provisional measures that must be followed. Israel must now comply with the orders in this ruling in full".[304]
Religious groups
The National Council of Canadian Muslims said it was "beyond disappointed" by the Canadian government's response.[305]
Christian Zionist groups throughout South Africa, including Christian View Network, Bridges for Peace and International Christian Embassy in Jerusalem, condemned their government's decision to take Israel to the ICJ.[306]
Other
On 9 January 2024, an open letter to the ICJ signed by over 600 Israelis stated their support for South Africa's case.[307][308] On 18 January, a group of survivors of the Bosnian genocide wrote an open-letter to the ICJ, urging the court to "implement necessary provisional measures swiftly to protect Palestinians in Gaza" and avoid repeating the "grievous mistake" of failing to protect civilians from genocide.[309] Writing for Foreign Policy, Sasha Polakow-Suransky criticized the South African government for hypocrisy and double standards, recalling that South Africa failed to arrest Sudanese President Omar al-Bashir during his visit to South Africa, despite Bashir being accused of genocide and wanted by the International Criminal Court (ICC), and did not condemn Russia's invasion of Ukraine and was reluctant to comply with the International Criminal Court's arrest warrant for Russian President Vladimir Putin.[310]
Impact
One week after the ICJ issued its provisional ruling, South African foreign minister Naledi Pandor stated that Israel was ignoring the court's order, with the IDF killing nearly 1,000 people in those seven days.[311][c] As early as December 2023 activists in Israel were attempting to block humanitarian aid entering the Gaza Strip with some activists either referencing or related to hostages still in Gaza, even after the decision.[313][314][315] Islamic Relief, a UK-based charity, stated on 9 February that the situation in Gaza had worsened since the ICJ issued its provisional order.[316]
On 5 February 2024, the aviation unit of Itochu stated it was ending its strategic partnership with Elbit Systems, citing the ICJ's provisional order to prevent acts of genocide against Palestinians.[317] On 6 February the Government of Wallonia in Belgium announced it was temporarily suspending two ammunition export licenses to Israel, citing the ICJ interim ruling.[318]
As of 10 February, UN special rapporteur Francesca Albanese said that Israel appears to be in breach of the ICJ orders as Israeli forces had killed at least 1,755 Palestinians since the order was issued, and have continued to block humanitarian aid for the Gaza population.[90] On 15 February, Alex de Waal, a British academic, stated that rather than complying with the ICJ order, Israel had instead "intensified its activity".[319] Amnesty International stated on 26 February that Israel had failed to take the "bare minimum" steps to comply with the ICJ order, while creating "one of the worst humanitarian crises in the world".[320] Human Rights Watch stated Israel had "failed to comply" with the ICJ's provisional measures and had instead committed "acts of collective punishment that amount to war crimes and include the use of starvation of civilians as a weapon of war."[17]
See also
Notes
- ^ Incl. Major General Ghassan Alian's video statement on COGAT's official YouTube channel that "Hamas became ISIS and the citizens of Gaza are celebrating instead of being horrified. Human animals are dealt with accordingly. Israel has imposed a total blockade on Gaza, no electricity, no water, just damage. You wanted hell, you will get hell," and the statement of Yair Ben David, Commander in the 2908th Battalion of the IDF, that the battalion "entered Beit Hanoun and did there as Shimon and Levi did in Nablus," referencing the killing of all males in the city in the Bible, and "the entire Gaza should resemble Bei Hanoun."[4]
- ^ Incl. a television broadcast filmed in Beit Lahia, where Colonel Yogev Bar Sheshet, deputy head of COGAT, stated "Whoever returns here, if they return here after, will find scorched earth. No houses, no agriculture, no nothing. They have no future," and Colonel Erez Eshel (Reserve) commented "Vengeance is a great value. There is vengeance over what they did to us ... This place will be a fallow land. They will not be able to live here," and a video on Twitter where uniformed Israeli soldiers dance, sing, and chant "we know our motto: there are no uninvolved civilians" and "to wipe off the seed of Amalek."[4]
- ^ One week after making this statement, Pandor stated that she had received threatening messages from Israeli intelligence against her and her family.[312]
References
- ^ Application of Convention on Prevention and Punishment of Genocide (S. Afr. v. Isr.), Provisional Measures, ICJ General List No. 192 (24 May 2024) (order aff'g prev. provisional measures, indicating new provisional measures).
- ^ Powell, Anita (5 January 2024). "South Africa to Take Israel to Top UN Court on Genocide Claim in Gaza". Voice of America. Archived from the original on 6 January 2024. Retrieved 6 January 2024.
In the court application, South Africa argues that the treatment of Palestinians also bears strong resemblance to South Africa's own racially motivated apartheid regime, which ended in 1994 with Mandela's election. "It is important," the submission reads, "to place the acts of genocide in the broader context of Israel's conduct towards Palestinians during its 75-year-long apartheid, its 56-year-long belligerent occupation of Palestinian territory and its 16-year-long blockade of Gaza, including the serious and ongoing violations of international law associated therewith, including grave breaches of the Fourth Geneva Convention, and other war crimes and crimes against humanity."
- ^ The request for provisional measures is made under Article 74 of the Rules of the Court Archived 6 January 2024 at the Wayback Machine, which states that "A request for the indication of provisional measures shall have priority over all other cases."
- ^ a b c d e f g h i "Proceedings instituted by South Africa against the State of Israel on 29 December 2023" (PDF). International Court of Justice. 29 December 2023. Archived from the original on 5 January 2024. Retrieved 5 January 2024. ALT Link
- ^ a b c d e f g Human Rights Watch 2024.
- ^ a b Masweneng, Kgaugelo (5 January 2024). "Dikgang Moseneke to join bench of judges in Israel-Hamas world court case". TimesLIVE. Archived from the original on 14 January 2024. Retrieved 15 January 2024.
- ^ a b "Lior Haiat – Spokesperson of the Israeli Ministry of Foreign Affairs". X (formerly Twitter). 11 January 2024. Archived from the original on 17 January 2024. Retrieved 22 January 2024.
- ^ a b "Israel: South African genocide claims at ICJ are baseless". The Jerusalem Post. 11 January 2024. Archived from the original on 21 January 2024. Retrieved 22 January 2024.
- ^ a b c "War against Hamas in Gaza is act of self-defence, Israel tells world court". UN News. 12 January 2024. Archived from the original on 12 January 2024. Retrieved 21 January 2024.
- ^ "12 January press release: Conclusion of the public hearings held on Thursday 11 and Friday 12 January 2024" (PDF). International Court of Justice. 12 January 2023. Archived (PDF) from the original on 12 January 2024. Retrieved 13 January 2024.
- ^ a b "Israel-Hamas War: Update from Patrick Kingsley". The New York Times. 26 January 2024. Archived from the original on 26 January 2024. Retrieved 26 January 2024.
- ^ a b c Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel), Provisional Measures, Order of 26 January 2024.
- ^ a b Rajvanshi, Astha (26 January 2024). "U.N. Court Says Israel Must Prevent Genocidal Acts in Gaza, But Doesn't Order a Ceasefire". TIME. Archived from the original on 26 January 2024. Retrieved 26 January 2024.
- ^ "World Court stops short of Gaza ceasefire order for Israel". Reuters. 27 January 2024. Retrieved 27 January 2024.
- ^ a b c "Gaza war: ICJ says Israel must prevent genocidal acts in Gaza". BBC News. Archived from the original on 26 January 2024. Retrieved 26 January 2024.
- ^ a b "Israel reined in by ICJ rulings on Gaza – but will it obey?". 26 January 2024. Archived from the original on 26 January 2024. Retrieved 26 January 2024 – via www.bbc.com.
- ^ a b "Israel Not Complying with World Court Order in Genocide Case". Human Rights Watch. 26 February 2024. Archived from the original on 27 February 2024. Retrieved 27 February 2024.
- ^ "Israel defying ICJ ruling to prevent genocide by failing to allow aid into Gaza". Amnesty International. 26 February 2024. Retrieved 25 May 2024.
- ^ a b "ICJ orders Israel to stop preventing 'delivery of urgently needed' aid". Al Jazeera. Archived from the original on 2 April 2024. Retrieved 2 April 2024.
- ^ a b "World court orders Israel to take action to address Gaza famine". Reuters. 28 March 2024.
- ^ a b c Taub, Amanda (30 May 2024). "What the I.C.J. Ruling Actually Means for Israel's Offensive in Rafah". The New York Times. ISSN 0362-4331. Retrieved 30 May 2024.
- ^ "Israel-Gaza: What does ICJ ruling on Israel's Rafah offensive mean?". www.bbc.com.
- ^ Office of the UN Special Adviser on the Prevention of Genocide (2014). "Legal definition of genocide" (PDF). United Nations. Archived (PDF) from the original on 30 January 2016. Retrieved 29 December 2023.
- ^ Voice of America (15 March 2016). "What Is Genocide?". Voice of America. Archived from the original on 11 August 2017. Retrieved 29 December 2023.
- ^ "United Nations Treaty Collection". treaties.un.org. Archived from the original on 23 January 2023. Retrieved 16 January 2024.
- ^ a b c d e f g "South Africa launches case at top UN court accusing Israel of genocide in Gaza". Associated Press. 29 December 2023. Archived from the original on 2 January 2024. Retrieved 5 January 2024.
- ^ Rabin, Roni Caryn; Yazbek, Hiba; Fuller, Thomas (11 January 2024). "Israel Faces Accusation of Genocide as South Africa Brings Case to U.N. Court". The New York Times. ISSN 0362-4331. Archived from the original on 13 January 2024. Retrieved 13 January 2024.
- ^ "South Africa institutes proceedings against Israel and requests the International Court of Justice to indicate provisional measures" (Press release). The Hague, Netherlands: International Court of Justice. United Nations Information System on the Question of Palestine. 29 December 2023. Archived from the original on 5 January 2024. Retrieved 5 January 2023.
- ^ "Statement of ICC Prosecutor, Fatou Bensouda, respecting an investigation of the Situation in Palestine". International Criminal Court. 3 March 2021. Archived from the original on 22 July 2023.
- ^ "Gaza: World Court Orders Israel to Prevent Genocide". Human Rights Watch. 26 January 2024. Archived from the original on 1 February 2024. Retrieved 9 February 2024.
- ^ Rauhala, Emily; Hendrix, Steve (12 January 2024). "Israel rejects genocide allegations at international court". The Washington Post. Archived from the original on 12 January 2024. Retrieved 14 January 2024.
- ^ Sharon, Jeremy (10 January 2024). "'We should be worried': Israel faces peril at The Hague in Gaza 'genocide' case". The Times of Israel. Archived from the original on 14 January 2024. Retrieved 14 January 2024.
- ^ "South Africa's ICJ case could be a game changer". Mondoweiss. 10 January 2024. Archived from the original on 11 January 2024. Retrieved 11 January 2024.
- ^ "Hague court begins hearing case alleging Israeli genocide in Gaza". www.ft.com. Archived from the original on 11 January 2024. Retrieved 11 January 2024.
- ^ "South Africa tells the UN top court Israel is committing genocide in Gaza as a landmark case begins". AP News. 11 January 2024. Archived from the original on 11 January 2024. Retrieved 11 January 2024.
- ^ "The Court to deliver its Order on Friday 26 January 2024 at 1 p.m." (PDF). International Court of Justice. 24 January 2024. Retrieved 25 January 2024.
- ^ "South Africa launches 'urgent request' to UN court over Israel's Rafah attack". The Independent. 13 February 2024. Archived from the original on 10 May 2024. Retrieved 13 February 2024.
- ^ a b Lawal, Shola (3 January 2024). "Can South Africa's ICJ case against Israel stop war in Gaza?". Al Jazeera. Archived from the original on 4 January 2024. Retrieved 5 January 2024.
- ^ a b Wintour, Patrick (4 January 2024). "Stakes high as South Africa brings claim of genocidal intent against Israel". The Guardian. Archived from the original on 6 January 2024. Retrieved 5 January 2024.
- ^ Kestler-D'Amours, Jillian. "Israel's war on Gaza and the 'obligation to prevent genocide'". Al Jazeera. Archived from the original on 22 January 2024. Retrieved 22 January 2024.
- ^ Kgosana, Rorisang (5 January 2024). "The 'A-team' lawyers representing South Africa at the world court against Israel". TimesLIVE. Archived from the original on 6 January 2024. Retrieved 6 January 2024.
- ^ a b Lombardi, Anna (11 January 2024). "L'Aia, il giudice sudafricano cresciuto accanto a Mandela" [The Hague, the South African judge who grew up with Mandela]. la Repubblica (in Italian). Archived from the original on 15 January 2024. Retrieved 15 January 2024.
- ^ "Dikgang Moseneke tries as a judge to live out Mandela's ideals". News24. 7 December 2012. Archived from the original on 8 June 2016. Retrieved 15 January 2024.
- ^ "La causa del Sudafrica contro Israele per genocidio, spiegata". Il Post (in Italian). 11 January 2024. Archived from the original on 13 January 2024. Retrieved 15 January 2024.
- ^ "Address by President Nelson Mandela at International Day of Solidarity with Palestinian People, Pretoria". www.mandela.gov.za. 4 December 1997. Archived from the original on 12 January 2024. Retrieved 15 January 2024.
- ^ "Jeremy Corbyn joins South Africa's ICJ case on Gaza genocide". The Jerusalem Post. 9 January 2024. Archived from the original on 10 January 2024. Retrieved 10 January 2024.
- ^ a b c Corder, Mike (2 January 2024). "South Africa's genocide case against Israel sets up a high-stakes legal battle at the UN's top court". ABC News. Archived from the original on 3 January 2024. Retrieved 5 January 2024.
- ^ Carl, Traci (29 December 2023). "South Africa accuses Israel of genocide in a U.N. court". The New York Times. ISSN 0362-4331. Archived from the original on 4 January 2024. Retrieved 5 January 2024.
- ^ Gibbons, Chip (12 January 2024). "South Africa's Genocide Case Against Israel Is Strong". Jacobin. Archived from the original on 27 January 2024. Retrieved 9 February 2024.
- ^ a b c d Hachem, Alaa; Hathaway, Oona A. (4 January 2024). "The Promise and Risk of South Africa's Case Against Israel". Just Security. Archived from the original on 7 January 2024. Retrieved 7 January 2024.
- ^ APPLICATION INSTITUTING PROCEEDINGS, Paragraph 144: E. Provisional Measures Requested
- ^ "Statement of Lior Haiat – Spokesperson of the Israeli Ministry of Foreign Affairs". X (formerly Twitter). 29 December 2023. Archived from the original on 14 January 2024. Retrieved 22 January 2024.
- ^ a b Lazaroff, Tovah (2 January 2024). "Israel to defend itself at Int'l Court of Justice's genocide hearing on Gaza". The Jerusalem Post. Archived from the original on 6 January 2024. Retrieved 2 January 2024.
- ^ Ravid, Barak (5 January 2024). "Inside Israel's plan to quash South Africa's Gaza genocide case". Axios. Archived from the original on 6 January 2024. Retrieved 21 January 2024.
- ^ Eichner, Itamar (7 January 2024). "Former Supreme Court Chief Justice Aharon Barak to represent Israel in The Hague". Ynetnews. Archived from the original on 8 January 2024. Retrieved 7 January 2024.
- ^ a b Kershner, Isabel (8 January 2024). "Israel Picks Holocaust Survivor Judge for Genocide Case, Surprising Some". The New York Times. ISSN 0362-4331. Archived from the original on 13 January 2024. Retrieved 15 January 2024.
- ^ a b c Pita, Antonio (12 January 2024). "Israel entrusts defense against genocide charges to its most prestigious judge, a Netanyahu critic and Holocaust survivor". El País English. Archived from the original on 14 January 2024. Retrieved 15 January 2024.
- ^ "Israel's new judge in ICJ case is a law professor who blasted UN court as manipulative". The Times of Israel. 1 July 2024.
- ^ a b c d e f Berg, Raffi (12 January 2024). "What is South Africa's genocide case against Israel at the ICJ?". BBC News. Archived from the original on 13 January 2024. Retrieved 13 January 2024.
- ^ Zilber, Neri. "Netanyahu says 'nobody' will stop Israel including Hague court". Financial Times. Archived from the original on 15 January 2024. Retrieved 15 January 2024.
- ^ "Public sitting in the case concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel)" (PDF). International Court of Justice. The Hague. 12 January 2024. p. 14. Retrieved 19 January 2024.
... thousands of Hamas and other militants breached Israeli sovereign territory by sea, land and air, invading over 20 Israeli communities, bases and the site of a music festival. What proceeded, under the cover of thousands of rockets fired indiscriminately into Israel, was the wholesale massacre, mutilation, rape and abduction of as many citizens as the terrorists could find before Israel's forces repelled them. Openly displaying elation, they tortured children in front of parents, and parents in front of children, burned people, including infants, alive, and systematically raped and mutilated scores of women, men and children. All told, some 1,200 people were butchered that day, more than 5,500 maimed, and some 240 hostages abducted, including infants, entire families, persons with disabilities and Holocaust survivors, some of whom have since been executed; many of whom have been tortured, sexually abused and starved in captivity
- ^ a b Berman, Lazar (12 January 2024). "Full text of Israel's opening address against South Africa genocide case at World Court". The Times of Israel. Archived from the original on 21 January 2024. Retrieved 22 January 2024.
- ^ "Public sitting in the case concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel)" (PDF). International Court of Justice. The Hague. 12 January 2024. p. 72. Retrieved 19 January 2024.
The conflict with Hamas poses serious operational and legal challenges: in conducting close-quarter urban combat, while mitigating harm to the surroundings; in seeking to put a stop to Hamas' military use of hospitals, while minimizing disruption of medical services; in helping civilians leave areas of the most intense fighting, while Hamas forces them to stay in the line of fire; in facilitating the provision of aid, when that aid is constantly stolen by Hamas, to sustain its military efforts; in balancing humanitarian considerations with the need to act forcefully against an adversary that still fires rockets deep into our country and holds our citizens hostage.
- ^ Ravid, Barak (5 January 2024). "Inside Israel's plan to quash South Africa's Gaza genocide case". Axios. Archived from the original on 6 January 2024. Retrieved 6 January 2024.
- ^ TOI Staff; Sharon, Jeremy (5 January 2024). "British lawyer to defend Israel from Gaza genocide claims in The Hague". The Times of Israel. Archived from the original on 6 January 2024. Retrieved 7 January 2024.
- ^ "Public sitting in the case concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel)" (PDF). International Court of Justice. The Hague. 12 January 2024. p. 8. Retrieved 19 January 2024.
- ^ a b "War against Hamas in Gaza is act of self-defence, Israel tells world court". UN News. 12 January 2024. Archived from the original on 12 January 2024. Retrieved 21 January 2024.
- ^ a b c Berman, Lazar (12 January 2024). "Full text of Israel's opening address against South Africa genocide case at World Court". The Times of Israel. Archived from the original on 21 January 2024. Retrieved 22 January 2024.
- ^ Berman, Lazar (10 January 2024). "Hamas planned Oct. 7 from before 2014, with final decision made by 5 leaders – report". The Times of Israel. Archived from the original on 14 January 2024. Retrieved 22 January 2024.
- ^ "Public sitting in the case concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel)" (PDF). International Court of Justice. The Hague. 12 January 2024. p. 31. Retrieved 19 January 2024.
The intention, faced with the 7 October atrocities and the continuing rocket fire and incarceration of the hostages, on the part of Israel to act in order to defend itself so as to terminate the threats against it and to rescue the hostages, certainly exists. The intent to deal with the armed militants of Hamas and the other such groups is undeniable. Were it the case – which we deny – that Israeli forces have transgressed some of the rules of conflict, then the matter would be tackled at the appropriate time by Israel's robust and independent legal system.
- ^ "Public sitting in the case concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel)" (PDF). International Court of Justice. The Hague. 12 January 2024. p. 72. Retrieved 19 January 2024.
The conflict with Hamas poses serious operational and legal challenges: in conducting close-quarter urban combat, while mitigating harm to the surroundings; in seeking to put a stop to Hamas' military use of hospitals, while minimizing disruption of medical services; in helping civilians leave areas of the most intense fighting, while Hamas forces them to stay in the line of fire; in facilitating the provision of aid, when that aid is constantly stolen by Hamas, to sustain its military efforts; in balancing humanitarian considerations with the need to act forcefully against an adversary that still fires rockets deep into our country and holds our citizens hostage.
- ^ a b "Israel argues Hamas committing genocidal acts in second day of ICJ Gaza trial Archived 23 January 2024 at the Wayback Machine", JPost, January 12, 2024
- ^ Sharon, Jeremy (12 January 2024). "Israel rejects genocide claims at The Hague, says South Africa's allegations 'baseless'". The Times of Israel. Archived from the original on 14 January 2024. Retrieved 22 January 2024.
- ^ Pinkas, Alon (12 January 2024). "At Int'l Court of Justice Hearing, Israel Presents Robust Defense Despite Half-wit Politicians". Haaretz. Archived from the original on 13 January 2024. Retrieved 13 January 2024.
- ^ a b "Public sitting in the case concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel)" (PDF). International Court of Justice. The Hague. 12 January 2024. pp. 22–40. Retrieved 19 January 2024.
Any prima facie consideration of intent even at this preliminary stage will only demonstrate its absence from Israel's activities. Second, there is here no dispute under the Genocide Convention as at the time of submission of the Application as alleged by South Africa and as required for prima facie jurisdiction. Indeed, South Africa's own precipitate activities with Notes over recent weeks demonstrates the lack of its confidence in this respect. And that is telling. Thirdly, the rights to be protected in the provisional measures procedure cover not just the Applicant but also the Respondent, and chief amongst these rights is that of the right and obligation to act to defend itself and its citizens. This must be considered and weighed by the Court as against the false accusations levelled at Israel.
- ^ "Israel-Hamas War: Update from Patrick Kingsley". The New York Times. 26 January 2024. Archived from the original on 26 January 2024. Retrieved 26 January 2024.
- ^ "ICJ president says conditions to issue provisional measures against Israel have been met". Times of Israel. 26 January 2024. Archived from the original on 26 January 2024. Retrieved 26 January 2024.
- ^ a b c Goodman, Ryan; Watt, Siven (26 January 2024). "Unpacking the Int'l Court of Justice Judgment in South Africa v Israel (Genocide Case)". Just Security. Archived from the original on 26 January 2024. Retrieved 26 January 2024.
The jurisdictional threshold which the applicant has to cross is, accordingly, set quite low and any ruling — whether as to law or fact — which the Court makes at the provisional measures stage of a case is necessarily provisional.
- ^ "Former head of ICJ explains ruling on genocide case against Israel brought by S Africa". Archived from the original on 28 April 2024. Retrieved 28 April 2024 – via www.bbc.com.
- ^ "Former top Hague judge: Media wrong to report court ruled 'plausible' claim of Israeli genocide". Archived from the original on 28 April 2024. Retrieved 28 April 2024.
- ^ Kaye, David (26 January 2024). "The ICJ Ruling's Hidden Diplomacy". Foreign Affairs. ISSN 0015-7120. Archived from the original on 29 January 2024. Retrieved 30 January 2024.
Drawing on the template of similar past cases, the judges agreed that South Africa had met the low burden of showing that the court would likely have jurisdiction to entertain a genocide claim against Israel while emphasizing that this finding did not mean that the court has established that any violations of the Genocide Convention have in fact occurred... finding that the "rights claimed by South Africa, and for which it is seeking protection, are plausible"—the low bar South Africa had to cross for the court to issue provisional measures.
- ^ Milanovic, Marko (26 January 2024). "ICJ Indicates Provisional Measures in South Africa v. Israel". EJIL: Talk!. Archived from the original on 26 January 2024. Retrieved 30 January 2024.
The extraordinarily low "plausibility" burden of proof at the provisional measures stage of course will not apply on the merits – and several judges have emphasized this distinction in separate writings.
- ^ Shavny, Yuval (28 January 2024). "The ICJ's vague demands for Israel to comply with the law are unlikely to result in palpable change | Israel-Gaza war | The Guardian". amp.theguardian.com. Archived from the original on 29 January 2024. Retrieved 30 January 2024.
The standard of "plausibility of claims" applied by the court when considering whether or not to issue provisional measures is already a very low and ambiguous standard of proof for factual allegations
- ^ Kittrie, Orde (26 January 2024). "Former State Dept attorney Orde Kittrie on ICJ's finding that South Africa's allegations against Israel are plausible".
Plausible is a very low threshold to meet. At least some of the ICJ judges likely assessed that the South African allegations barely cleared that threshold.
- ^ Sterio, Milena (27 January 2024). "The ICJ's Provisional Measures Order in the South Africa v. Israel Case: Unsurprising; Politically and Legally Significant". Opinio Juris. Archived from the original on 27 January 2024. Retrieved 27 January 2024.
...the Court held that the standard to order the issuance of provisional measures had been met, as the rights sought to be protected (the rights of Palestinians to be free from genocidal attacks) were plausible, as the rights sought to be protected would be irreparably harmed, and as there was a genuine urgency. The reason that this part of the Court's opinion is relatively unsurprising is that South Africa only had to prove that the rights for which it was seeking protection were plausible (the rights of Palestinians in Gaza to be protected from genocidal acts). This was a relatively low threshold for South Africa, as the Court did not have to find that genocidal acts in Gaza had in fact occurred, but only that South Africa's claim for the protection of rights under the Genocide Convention was plausible.
- ^ Kaye, David (19 January 2024). "Why Israel Is Taking the Genocide Case Seriously". The Atlantic. Archived from the original on 29 January 2024. Retrieved 30 January 2024.
Rather, it sought 'provisional measures,' a kind of injunctive relief that comes with the much lower burden of proving merely the plausibility of the claim.
- ^ "Making Sense of the ICJ's Provisional Measures in South Africa v. Israel". Default. Archived from the original on 29 January 2024. Retrieved 28 January 2024.
Bhandari's declaration highlighted that the standard of plausibility for granting provisional measures is much lower the legal test that the court has previously applied at the merits stage, which permits inferring genocidal intent from a pattern of conduct only if "this is the only inference that could reasonably be drawn from the acts in question."
- ^ "Top Experts' Views of Int'l Court of Justice Ruling on Israel Gaza Operations (South Africa v Israel, Genocide Convention Case)". Just Security. 26 January 2024. Archived from the original on 26 January 2024. Retrieved 26 January 2024.
Todd Buchwald ... : Given the low standard of 'plausibility,' and the gap between plausibility and the much higher level of certainty that the Applicant will eventually need to satisfy in order to establish that the Respondent has violated its obligation when the Court considers the case on the merits, it is all the more incumbent upon the Court to take into account — and not unfairly prejudice — the Respondent's rights and interests. This would seem to be especially so in a case like the present one in light of the gap between 'plausibility' and the particularly high standard that the Court has ruled applies before it will make a finding that a State is responsible for genocide – i.e., that for a pattern of conduct to be accepted as evidence of the existence of genocidal intent, it must be 'the only inference that could reasonably be drawn from the acts in question.' ... Rebecca Hamilton ... : This is striking given the very low threshold of the 'plausibility' standard, and the fact that the rest of the bench, including Barak, concluded that all the prerequisites to provisional measures were satisfied.
- ^ a b Al-Kassab, Fatima (26 January 2024). "A top U.N. court says Gaza genocide is 'plausible' but does not order cease-fire". NPR. Archived from the original on 26 January 2024. Retrieved 26 January 2024.
- ^ a b Wintour, Patrick (10 February 2024). "Israel appears to be in breach of ICJ orders on Gaza, senior UN official says". The Guardian. ISSN 0261-3077. Archived from the original on 10 February 2024. Retrieved 10 February 2024.
- ^ Adler, Nils; Milisic, Alma. "ICJ orders Israel to take steps to prevent acts of genocide in Gaza". Al Jazeera. Archived from the original on 26 January 2024. Retrieved 26 January 2024.
- ^ "Here's a look at the 6 things the UN is ordering Israel to do about its operation in Gaza". AP News. 26 January 2024. Archived from the original on 26 January 2024. Retrieved 26 January 2024.
- ^ "South Africa welcomes 'landmark' ICJ ruling, Israel vows to continue war". Washington Post. 26 January 2024. Archived from the original on 26 January 2024. Retrieved 27 January 2024.
- ^ Kampeas, Ron (26 January 2024). "International Court of Justice rules that some allegations of Israel committing genocide are 'plausible'". Jewish Telegraphic Agency. Archived from the original on 26 January 2024. Retrieved 26 January 2024.
- ^ Iordache, Ruxandra (26 January 2024). "Top UN court rules Israel must prevent genocide in Gaza, falls short of ordering a cease-fire". CNBC. Archived from the original on 27 January 2024. Retrieved 27 January 2024.
- ^ "'Israel's commitment to int'l law, defending our people unwavering'". I24news. 26 January 2024. Archived from the original on 27 January 2024. Retrieved 27 January 2024.
- ^ "ICJ first ruling on South Africa genocide case against Israel in Gaza Live Updates The Hindu". The Hindu. Archived from the original on 26 January 2024. Retrieved 26 January 2024.
- ^ "ICJ ruling: Key takeaways from the court decision in Israel genocide case". reuters. 26 January 2024. Archived from the original on 26 January 2024. Retrieved 27 January 2024.
- ^ "Request for additional measures under Article 75 (1) of the Rules of Court". International Court of Justice. Archived from the original on 14 February 2024. Retrieved 14 February 2024.
- ^ Chutel, Lynsey (13 February 2024). "South Africa Asks Top U.N. Court to Act Against Israel's Plans for Rafah". The New York Times. Archived from the original on 14 February 2024. Retrieved 14 February 2024.
- ^ Nicholls, Catherine (13 February 2024). "South Africa makes "urgent request" to top UN court to intervene in Israel's planned Rafah incursion". CNN. Archived from the original on 14 February 2024. Retrieved 14 February 2024.
- ^ Gecsoyler, Sammy (13 February 2024). "South Africa makes urgent request for ICJ to consider Rafah intervention". The Guardian. Archived from the original on 10 May 2024. Retrieved 14 February 2024.
- ^ "ICJ rejects South African request for urgent measures to limit Israeli action in Rafah". The Times of Israel. 16 February 2024. Archived from the original on 18 February 2024. Retrieved 18 February 2024.
- ^ "Observations of the State of Israel on the Republic of South Africa's "Urgent Request for Additional Measures Under Article 75 (1) of the Rules of Court"" (PDF). International Court of Justice. The Hague. 12 February 2024. p. 3. Retrieved 17 February 2024.
- ^ Corder, Mike (16 February 2024). "Top UN court rejects South African request for urgent measures to safeguard Rafah". ABC News. Archived from the original on 18 February 2024. Retrieved 18 February 2024.
- ^ "ICJ places ball back in US, UN's court with latest decision". Al Jazeera. Archived from the original on 17 February 2024. Retrieved 17 February 2024.
- ^ van den Berg, Stephanie; Meijer, Bart. "South Africa asks World Court for more measures against Israel". Reuters. Archived from the original on 10 March 2024. Retrieved 9 March 2024.
- ^ "SA requests ICJ to act to prevent famine in Gaza". ReliefWeb. Government of South Africa. 7 March 2024. Archived from the original on 10 May 2024. Retrieved 9 March 2024.
- ^ "Israel slams 'repugnant' South African ICJ request for more Gaza measures". The Times of Israel. Archived from the original on 10 May 2024. Retrieved 21 March 2024.
- ^ "South Africa asks ICJ to order Israel to withdraw from Gaza's Rafah". Al Jazeera. 10 May 2024. Archived from the original on 10 May 2024. Retrieved 16 May 2024.
- ^ Rauhala, Emily (16 May 2024). "South Africa asks U.N. court to order Israel to halt Rafah assault". The Washington Post. Archived from the original on 16 May 2024. Retrieved 16 May 2024.
- ^ Graham-Harrison, Emma (17 May 2024). "South Africa's ICJ genocide case aimed at defending Hamas, Israel claims". The Guardian. Archived from the original on 17 May 2024. Retrieved 17 May 2024.
- ^ Quillen, Stephen; Marsi, Federica (17 May 2024). "ICJ updates: Israel responds to South Africa appeal for Rafah attack halt". Al Jazeera. Archived from the original on 17 May 2024. Retrieved 17 May 2024.
- ^ Sedghi, Amy; Bryant, Tom (24 May 2024). "Israel-Gaza war live: ICJ orders Israel to halt Rafah offensive in new ruling". The Guardian. Retrieved 24 May 2024.
- ^ "Middle East Crisis: Top U.N. Court Decision Adds to Israel's Growing Isolation". New York Times. 24 May 2024. Archived from the original on 26 May 2024. Retrieved 24 May 2024.
- ^ Al Lawati, Abbas (24 May 2024). "UN's top court orders Israel to 'immediately' halt its operation in Rafah". CNN. Archived from the original on 24 May 2024. Retrieved 24 May 2024.
- ^ "Request for the modification of the order of 28 March 2024" (PDF). International Court of Justice. 24 May 2024. Archived (PDF) from the original on 24 May 2024. Retrieved 24 May 2024.
- ^ Gray, Andrew; Irish, John (27 May 2024). "EU set to discuss Rafah mission, Borrell criticises Israel's Netanyahu". Reuters. Retrieved 27 May 2024.
- ^ Kingsley, Patrick; Wong, Edward (25 May 2024). "Negotiators Hope to Restart Cease-Fire Talks Within a Week, Officials Say". The New York Times. ISSN 0362-4331. Retrieved 27 May 2024.
- ^ a b Yoaz, Yuval (25 May 2024). "Four ICJ judges argue court order does not require IDF to stop all Rafah operations". The Times of Israel.
- ^ "Israel files report with World Court on Gaza measures, Israeli official says | Reuters". Reuters.
- ^ "Israel Not Complying with World Court Order in Genocide Case | Human Rights Watch". 26 February 2024. Archived from the original on 27 February 2024. Retrieved 26 February 2024.
- ^ "Has Israel complied with ICJ order in Gaza genocide case?". Al Jazeera. Archived from the original on 5 March 2024. Retrieved 26 February 2024.
- ^ Lakhani, Nina (27 February 2024). "Israel is deliberately starving Palestinians, UN rights expert says". The Guardian. Archived from the original on 28 February 2024. Retrieved 27 February 2024.
- ^ ""Golden time" seasonal farming production destroyed and lost in northern Gaza amid mounting fears of worsening hunger and starvation". Oxfam America. 27 February 2024. Archived from the original on 27 February 2024. Retrieved 28 February 2024.
- ^ "Gaza: Attacks on humanitarian staff make vital assistance near impossible". Doctors Without Borders. Archived from the original on 28 February 2024. Retrieved 28 February 2024.
- ^ "Order dated 5 April 2024" (PDF).
- ^ Han, Hyemin (3 January 2024). "South Africa Institutes ICJ Proceedings Against Israel for Genocide Convention Violations". Lawfare. Archived from the original on 7 January 2024. Retrieved 7 January 2024.
- ^ a b c d e f g Weller, Marc (10 January 2024). "Does the ICJ have the Legal Authority to Pronounce itself on the Right to Self-Defence?". EJIL: Talk!. Archived from the original on 18 January 2024. Retrieved 18 January 2024.
- ^ a b Burnett, Elena; Fox, Kathryn; Shapiro, Ari (12 January 2024). "Former war crimes ambassador-at-large on Israel's defense to genocide allegations". NPR. Archived from the original on 14 January 2024. Retrieved 14 January 2024.
- ^ a b "South Africa v Israel and CERD's Early Warning and Urgent Action Procedure: Part II". Opinio Juris. 16 January 2024. Archived from the original on 18 January 2024. Retrieved 18 January 2024.
- ^ a b c Mann, Itamar (15 January 2024). "Managed Violence: Provisional Measures in South Africa's Genocide Application". Verfassungsblog. doi:10.17176/20240116-004249-0. Archived from the original on 19 January 2024. Retrieved 19 January 2024.
- ^ Mann, Itamar (11 January 2024). "The Missing Party: On South Africa's Legal Strategy in its Genocide Application before the ICJ". Verfassungsblog. doi:10.17176/20240112-004241-0. Archived from the original on 19 January 2024. Retrieved 19 January 2024.
- ^ Shany, Yuval; Cohen, Amichai (16 January 2024). "South Africa v. Israel at Int'l Court of Justice: A Battle Over Issue-Framing and Request to Suspend the War". Just Security. Archived from the original on 23 January 2024.
- ^ Cohen, Nir (Shoko) (24 January 2024). "Israel erred in submitting to ICJ jurisdiction, says Alan Dershowitz". Ynetnews. Archived from the original on 24 January 2024.
- ^ a b c "Charging Israel with genocide makes a mockery of the ICJ". The Economist. ISSN 0013-0613. Archived from the original on 22 January 2024. Retrieved 22 January 2024.
- ^ ""Genocide Gets Political at the U.N."". The Wall Street Journal. 11 January 2024. Archived from the original on 22 January 2024. Retrieved 22 January 2024.
- ^ a b "How will ICJ rule on Gaza genocide case? Ex-IDF int'l law chief speaks". The Jerusalem Post | JPost.com. 9 January 2024. Archived from the original on 22 January 2024. Retrieved 22 January 2024.
- ^ Hausdorff, Natasha (7 January 2024). "The International Court of Justice has been weaponised against the Jewish state". The Telegraph. ISSN 0307-1235. Archived from the original on 22 January 2024. Retrieved 22 January 2024.
- ^ "South Africa paints grim picture of Gaza, but obfuscates foundations of genocide claim". Times of Israel. 12 January 2024. Archived from the original on 22 January 2024. Retrieved 22 January 2024.
- ^ "Why is the EU silent on South Africa's genocide case against Israel?". euronews. 12 January 2024. Archived from the original on 13 January 2024. Retrieved 22 January 2024.
- ^ "My Word: South Africa's hypocrisy was loud at ICJ Gaza genocide hearing". The Jerusalem Post | JPost.com. 19 January 2024. Archived from the original on 22 January 2024. Retrieved 22 January 2024.
- ^ Corder, Mike; Casert, Raf (12 January 2024). "Israel defends itself at the UN's top court against allegations of genocide in Gaza". Associated Press. Archived from the original on 14 March 2024. Retrieved 17 March 2024.
- ^ "Gaza 'safe zones' led to displacement, Israeli attacks on civilians: Report". Al Jazeera. Archived from the original on 16 March 2024. Retrieved 17 March 2024.
- ^ "An Assessment Of Visual Material Presented By The Israeli Legal Team At The Icj, 12 January 2024". Forensic Architecture. Archived from the original on 3 March 2024. Retrieved 5 March 2024.
- ^ Security, Just (26 January 2024). "Top Experts' Views of Int'l Court of Justice Ruling on Israel Gaza Operations (South Africa v Israel, Genocide Convention Case)". Just Security. Archived from the original on 26 January 2024. Retrieved 27 January 2024.
- ^ "ICJ delivers interim ruling in South Africa's genocide case against Israel". Leiden University. 27 January 2024. Archived from the original on 27 January 2024. Retrieved 27 January 2024.
- ^ Malik, Ayesha (27 January 2024). "War and order: What the ICJ preliminary ruling really means for Gaza". DAWN.COM. Archived from the original on 27 January 2024. Retrieved 27 January 2024.
- ^ Pezzano, Luciano (4 January 2024). "The Obligation to Prevent Genocide in South Africa v. Israel: Finally a Duty with Global Scope?". EJIL: Talk!. Archived from the original on 7 January 2024. Retrieved 7 January 2024.
- ^ a b Sterio, Milena (26 January 2024). "The ICJ's Provisional Measures Order in the South Africa v. Israel Case: Unsurprising; Politically and Legally Significant". Opinio Juris. Archived from the original on 27 January 2024. Retrieved 27 January 2024.
- ^ "Israeli Legal Experts Say ICJ Judges Largely Adopted South Africa's Narrative". Haaretz. Archived from the original on 27 January 2024. Retrieved 27 January 2024.
- ^ "Gaza: Defunding UNRWA 'may be violating genocide convention'". 28 January 2024. Archived from the original on 28 January 2024. Retrieved 28 January 2024.
- ^ Abdulrahim, Raja; Barnes, Julian E.; Boxerman, Aaron; Kingsley, Patrick (27 January 2024). "Major Donors Pause Funding for U.N. Agency as Scandal Widens". The New York Times. Archived from the original on 28 January 2024. Retrieved 28 January 2024.
- ^ Eichner, Itamar (28 January 2024). "Israel says UNRWA staff implicate themselves, more complicit in crimes". Ynetnews. Archived from the original on 28 January 2024. Retrieved 28 January 2024.
- ^ "EU External Partners: Violence Against Migrants in Tunisia and Libya Continues ― EU to Determine Upcoming Funding Decision for UNRWA Amid "Strong Concern" Over the Dramatic Humanitarian Situation ― Europe Looking for New Partners to Externalise Asylum". European Council on Refugees and Exiles (ECRE). 2 February 2024. Archived from the original on 9 March 2024. Retrieved 4 March 2024.
- ^ McKernan, Bethan; Michaelson, Ruth (28 January 2024). "Famine in Gaza is being made 'inevitable' says UN rapporteur". The Guardian. Archived from the original on 28 January 2024. Retrieved 28 January 2024.
- ^ Kelly, Laura (26 January 2024). "ICJ ruling puts Israel on the clock; raises heat on Biden". The Hill. Archived from the original on 26 January 2024. Retrieved 26 January 2024.
'The U.S. will find it hard to accept noncompliance by Israel, because the U.S. judge [on the ICJ panel] joined what was essentially a consensus decision and because the U.S. has strongly supported the Court's provisional orders in Ukraine, Myanmar, and Syria,' Stephen Rapp, who served as U.S. Ambassador-at-Large for War Crimes Issues during the Obama administration, wrote in an email to The Hill. 'Israel has taken this case very seriously because the Court's orders do have real impact. All of the other major allies of the U.S. will expect Israel to comply, so that if it defies the orders, the Israeli government may find itself treated as a pariah.'
- ^ McKernan, Bethan (29 January 2024). "Israeli ministers attend conference calling for 'voluntary migration' of Palestinians". The Guardian. Archived from the original on 29 January 2024. Retrieved 29 January 2024.
- ^ "Israel appears to be in breach of ICJ orders on Gaza, senior UN official says". The Guardian. 10 February 2024. Archived from the original on 10 February 2024. Retrieved 10 February 2024.
- ^ "Israel continues to deny its responsibility to Palestinians: NGO". Al Jazeera. Archived from the original on 29 February 2024. Retrieved 29 February 2024.
- ^ "Report debunks Israel's claims to ICJ it facilitates aid delivery to Gaza". Al Jazeera. Archived from the original on 10 May 2024. Retrieved 9 March 2024.
- ^ Beaumont, Peter; Burke, Jason (11 March 2024). "Israeli human rights groups accuse country of failing to abide by ICJ's Gaza aid ruling". The Guardian. Archived from the original on 14 March 2024. Retrieved 14 March 2024.
- ^ "New ICJ order shows aid deliveries key in genocide case against Israel". Al Jazeera. Archived from the original on 10 May 2024. Retrieved 1 April 2024.
- ^ "Gaza: Hamas, Israel committed war crimes, claims independent rights probe". United Nations. 12 June 2024. Retrieved 12 June 2024.
- ^ Cumming-Bruce, Nick (12 June 2024). "U.N. Report Accuses Both Israel and Palestinian Groups of War Crimes". The New York Times. Retrieved 12 June 2024.
In a report released on Wednesday, the three-person commission — led by Navi Pillay, a former United Nations human rights chief — provided the most detailed U.N. examination yet of events on and since Oct. 7.
- ^ "Detailed findings on attacks carried out on and after 7 October 2023 in Israel" (PDF). OHCHR. 10 June 2024. Retrieved 12 June 2024.
- ^ "Detailed findings on the military operations and attacks carried out in the Occupied Palestinian Territory from 7 October to 31 December 2023" (PDF). Office of the United Nations High Commissioner for Human Rights. 10 June 2023. Retrieved 12 June 2024.
- ^ Murphy, Matt (12 June 2023). "Israel, Hamas accused of war crimes in new UN report". BBC News. Retrieved 12 June 2024.
- ^ Farge, Emma (12 June 2023). "'Immense' scale of Gaza killings amount to crime against humanity, UN inquiry says". Reuters. Retrieved 12 June 2024.
- ^ "UN-backed commission accuses Israel and Palestinian groups of war crimes". Al Jazeera. 12 June 2023. Retrieved 12 June 2024.
- ^ a b Yoaz, Yuval. "Confused by the ICJ's decision on Gaza? Blame the judges' deliberate ambiguity".
- ^ ""US-Angriff war völkerrechtswidrig" – DW – 10.04.2017". dw.com (in German). Retrieved 30 May 2024.
- ^ Collini, Francesco (25 May 2024). "(S+) IGH-Entscheidung zu Israel-Gaza-Krieg: »Eine so weitreichende Verfügung gab es bisher noch nie«". Der Spiegel (in German). ISSN 2195-1349. Retrieved 30 May 2024.
- ^ Wintour, Patrick (29 May 2024). "How a single comma is allowing Israel to question ICJ Rafah ruling". The Guardian. ISSN 0261-3077. Retrieved 30 May 2024.
- ^ "Israel must comply with International Court of Justice order calling it to immediately halt military operations in Rafah". Amnesty International. 24 May 2024. Retrieved 2 June 2024.
- ^ "ICJ and ICC moves deal 'one-two legal punch' to Israel". Al Jazeera. Retrieved 2 June 2024.
- ^ "kalimat alwazir 'ahmad eataaf fi alaijtimae alwizarii altahdirii lilqimat altaasieat eashar liharakat eadam alainhiaz" كلمة الوزير أحمد عطاف في الاجتماع الوزاري التحضيري للقمة التاسعة عشر لحركة عدم الانحياز [Minister Ahmed Attaf's speech at the ministerial preparatory meeting for the nineteenth Summit of the Non-Aligned Movement] (in Arabic). Archived from the original on 24 January 2024. Retrieved 22 January 2024.
- ^ "Bolivia to support South Africa's ICJ genocide case against Israel". The Jerusalem Post. 8 January 2024. Archived from the original on 8 January 2024. Retrieved 8 January 2024.
- ^ a b "Israel to face Gaza genocide charges at World Court". CNBC. 11 January 2024. Archived from the original on 15 January 2024. Retrieved 15 January 2024.
- ^ a b "Brazil's Lula expresses support for South Africa ICJ submission". Al Jazeera. Archived from the original on 10 January 2024. Retrieved 10 January 2024.
- ^ "What to Know About South Africa's Genocide Case Against Israel". TIME. 10 January 2024. Archived from the original on 13 January 2024. Retrieved 15 January 2024.
- ^ a b "Chile apoya demanda de Sudáfrica contra Israel por genocidio ante la CIJ" [Chile supports South Africa's lawsuit against Israel for genocide before the ICJ] (in Spanish). 11 January 2024. Archived from the original on 14 January 2024. Retrieved 14 January 2024.
- ^ "Palestine hails China's plea against Israel at International Court of Justice". Anadolu Ajansı. 13 March 2024. Retrieved 20 May 2024.
- ^ "Comunicado sobre la demanda presentada por Sudáfrica contra Israel en la Corte Internacional de Justicia" [Statement on the lawsuit filed by South Africa against Israel at the International Court of Justice]. www.cancilleria.gov.co (in Spanish). 10 January 2024. Archived from the original on 11 January 2024. Retrieved 11 January 2024.
- ^ a b "ma hi alduwal alati tadeam qadiat al'iibadat aljamaeiat alati rafaeatha janub 'afriqia dida 'iisrayiyl fi mahkamat aleadl alduwaliati?" ما هي الدول التي تدعم قضية الإبادة الجماعية التي رفعتها جنوب أفريقيا ضد إسرائيل في محكمة العدل الدولية؟ [Which countries support South Africa's genocide case against Israel at the International Court of Justice?] (in Arabic). 9 January 2024. Archived from the original on 15 January 2024. Retrieved 15 January 2024.
- ^ "Cuba apoya la demanda de Sudáfrica ante la Corte Internacional de Justicia contra el genocidio de Israel en Palestina". Archived from the original on 11 January 2024. Retrieved 11 January 2024.
- ^ Motamedi, Maziar; Adler, Nils. "Drone attack kills three US service members at Jordan base near Syria". Al Jazeera. Archived from the original on 28 January 2024. Retrieved 28 January 2024.
- ^ Rowlands, Lyndal; Rasheed, Zaheena; Adler, Nils; Khalid, Saif; Gadzo, Mersiha. "Israel's war on Gaza updates: Israel has no 'credible plan' for Rafah – US". Al Jazeera. Retrieved 13 May 2024.
- ^ a b "South Africa's genocide case against Israel rallies Global South support". France 24. 26 January 2024. Archived from the original on 26 January 2024. Retrieved 4 March 2024.
- ^ "Iran backs South Africa's Gaza genocide case against Israel at ICJ". Archived from the original on 11 January 2024. Retrieved 11 January 2024.
- ^ "UN rapporteur welcomes Ireland joining South Africa in ICJ case". Al Jazeera. Archived from the original on 5 April 2024. Retrieved 5 April 2024.
- ^ "Jordan backs South Africa ICJ genocide file against Israel". The New Arab. 5 January 2024. Archived from the original on 6 January 2024. Retrieved 6 January 2024.
- ^ "alkharijiat tuelin tayidaha lidaewaa janub 'iifriqia dida 'iisrayiyl 'amam mahkamat aleadl alduwalia" الخارجية تعلن تأييدها لدعوى جنوب إفريقيا ضد إسرائيل أمام محكمة العدل الدولية [The Foreign Ministry announces its support for South Africa's lawsuit against Israel before the International Court of Justice] (in Arabic). 11 January 2024. Archived from the original on 14 January 2024. Retrieved 14 January 2024.
- ^ "Libya Supports South Africa In Case Against Israel At International Court Of Justice – OpEd". 14 January 2014. Archived from the original on 14 January 2024. Retrieved 14 January 2024.
- ^ a b Conley, Julia (3 January 2024). "Turkey, Malaysia Back South Africa's ICJ Genocide Case Against Israel". Common Dreams. Archived from the original on 3 January 2024. Retrieved 4 January 2024.
- ^ "Maldives supports ICJ inquiry into alleged Israeli genocide". PSM News. 4 January 2024. Archived from the original on 15 January 2024. Retrieved 9 January 2024.
- ^ "Israel's war on Gaza updates: 'Rafah is on fire' | Israel-Palestine conflict News | Al Jazeera".
- ^ "Nicaragua requests to join South Africa's genocide case against Israel". Al Jazeera. Archived from the original on 8 February 2024. Retrieved 9 February 2024.
- ^ "Which countries back South Africa's genocide case against Israel at ICJ?". Al Jazeera. 9 January 2024. Archived from the original on 10 January 2024. Retrieved 10 January 2024.
- ^ "SADR Government Welcomes the ICJ Ruling on South Africa vs. Israel". Sahara Press Service. 27 January 2024. Archived from the original on 28 January 2024. Retrieved 27 January 2024.
- ^ "St Vincent backs South Africa at ICJ against Israel". 12 January 2024. Archived from the original on 14 January 2024. Retrieved 14 January 2024.
- ^ "Minister Fajon: Slovenia one of the few EU Member States in the ICJ advisory opinion proceedings against Israel | GOV.SI". Portal GOV.SI. 11 January 2024. Archived from the original on 17 January 2024. Retrieved 17 January 2024.
Slovenia supports the proceedings regarding the violation of the Genocide Convention, both in the case of Ukraine and Palestine.
- ^ "The Slovenia Times". sloveniatimes.com. Archived from the original on 12 January 2024. Retrieved 16 January 2024.
Fajon hopes the court will call on Israel at an early stage of procedure to end the military operation because it could take several years for a final decision to be reached on the genocide accusation.
- ^ "España se suma al procedimiento contra Israel iniciado por Sudáfrica en la Corte Internacional de Justicia" [Spain joins the proceeding against Israel intitiated by South Africa at the International Court of Justice] (in Spanish). 6 June 2024. Archived from the original on 6 June 2024. Retrieved 6 June 2024.
- ^ https://aje.io/u6g2mu?update=3011338
- ^ "Syria condemns US-British aggression on Yemen". 12 January 2024. Archived from the original on 13 January 2024. Retrieved 13 January 2024.
- ^ "Zanu PF hails SA suit against Israeli genocide – the Herald". Archived from the original on 18 January 2024. Retrieved 20 January 2024.
- ^ "Zanu PF wades into Gaza conflict". Archived from the original on 18 January 2024. Retrieved 20 January 2024.
- ^ "African Union chief reacts to UN court Gaza ruling". Al Jazeera. 27 January 2024. Archived from the original on 27 January 2024. Retrieved 9 February 2024.
- ^ "Gaza Ruling". Barron's. 27 January 2024. Archived from the original on 8 February 2024. Retrieved 9 February 2024.
- ^ "League of Arab States endorses South Africa's legal action against Israel". www.leagueofarabstates.net. 10 January 2024. Archived from the original on 11 January 2024. Retrieved 11 January 2024.
- ^ Cooperation, Organization of Islamic (30 December 2023). "OIC Welcomes South Africa's International Court of Justice Suit against Israel Over Genocide". OIC Welcomes South Africa's International Court of Justice Suit Against Israel over Genocide. Archived from the original on 6 January 2024. Retrieved 6 January 2024.
- ^ "'End Israel's colonialism': Palestine welcomes ceasefire call". Al Jazeera. Archived from the original on 21 January 2024. Retrieved 22 January 2024.
- ^ "Minister Fajon: Slovenia one of the few EU Member States in the ICJ proceedings against Israel | GOV.SI". Portal GOV.SI. 11 January 2024. Archived from the original on 16 January 2024. Retrieved 16 January 2024.
- ^ "Namibia condemns Germany for defending Israel in ICJ genocide case". Al Jazeera. Archived from the original on 14 January 2024. Retrieved 14 January 2024.
- ^ "Namibia pans former colonial ruler Germany for defending Israel from genocide claim". Times of Israel. Archived from the original on 14 January 2024. Retrieved 14 January 2024.
- ^ Fulton, Adam; Chao-Fong, Léonie; Belam, Martin; Livingstone, Helen (9 January 2024). "Belgium's deputy prime minister voices support for genocide case against Israel". The Guardian. Archived from the original on 9 January 2024. Retrieved 9 January 2024.
- ^ "Belgium's Development Minister criticises Germany over pro-Israeli stance". The Brussels Times. 12 January 2024. Archived from the original on 18 January 2024. Retrieved 16 January 2024.
- ^ "De Croo distances himself from minister's statement on German support for Israel". Belga. 12 January 2024. Archived from the original on 18 January 2024. Retrieved 16 January 2024.
- ^ "Turkey providing documents for genocide hearings against Israel -Erdogan". Reuters. 12 January 2024.
- ^ "Russia understands motives of South Africas lawsuit to Israel". A Haber. Anadolu Agency. 12 January 2024. Archived from the original on 31 January 2024. Retrieved 31 January 2024.
- ^ Eichner, Itamar (21 January 2024). "'Holocaust isn't related to Jews': Russia slams Germany over support of Israel at The Hague". Ynetnews. Archived from the original on 31 January 2024. Retrieved 31 January 2024.
- ^ Russia Blasts Germany For Defending Israel In Gaza Genocide Case At ICJ | Details, Hindustan Times, 21 January 2024, archived from the original on 31 January 2024, retrieved 31 January 2024 – via Youtube
- ^ "UN court should recognize Israel's actions in Gaza Strip as genocide — Russian envoy". TASS. 25 January 2024. Archived from the original on 1 February 2024. Retrieved 31 January 2024.
- ^ Burç Eruygur. "Russian envoy says 'tragic events' ongoing in Gaza can be viewed as 'genocide'". Anadolu Agency. Archived from the original on 31 January 2024. Retrieved 31 January 2024.
- ^ Sumar [@sumar] (14 January 2024). ""Quiero expresar nuestro pleno apoyo ante la demanda que Sudáfrica ha presentado contra Israel para frenar el genocidio del pueblo palestino. Vamos a seguir reclamando que España se sume a esa demanda y a pedir el reconocimiento inmediato del estado palestino."" ["I want to express our full support for the lawsuit that South Africa has filed against Israel to stop the genocide of the Palestinian people. We are going to continue demanding that Spain join this demand and ask for the immediate recognition of the Palestinian state."] (Tweet) (in Spanish) – via Twitter.
- ^ "El Gobierno aplaude las medidas impuestas a Israel por la Corte Internacional para frenar el asesinato de civiles palestinos" [The Government applauds the measures imposed on Israel by the International Court to stop the murder of Palestinian civilians]. La Vanguardia (in Spanish). 26 January 2024. Archived from the original on 26 January 2024. Retrieved 30 January 2024.
- ^ "Explained: Ireland's position on the genocide case against Israel". RTÉ. 11 January 2024. Archived from the original on 15 January 2024. Retrieved 15 January 2024.
- ^ "Ireland will not back South Africa-Israel ICJ genocide case". The New Arab. 25 January 2024. Archived from the original on 25 January 2024. Retrieved 25 January 2024.
- ^ "Ireland to intervene in South Africa genocide case against Israel". Reuters. 27 March 2024. Retrieved 29 March 2024.
- ^ "Statement by the Tánaiste on the South Africa vs Israel case at the International Court of Justice". www.gov.ie. 27 March 2024. Archived from the original on 30 March 2024. Retrieved 29 March 2024.
- ^ "Ugandan government distances itself from judge who cast sole dissenting vote in ICJ case". Al Jazeera. 27 January 2024. Archived from the original on 27 January 2024. Retrieved 28 January 2024.
- ^ "African Union chief reacts to UN court Gaza ruling". Al Jazeera. Archived from the original on 27 January 2024. Retrieved 28 January 2024.
- ^ "Arab League holds session on Israel's ICJ court case". Al Jazeera. Archived from the original on 28 January 2024. Retrieved 29 January 2024.
- ^ "World reacts to ICJ interim ruling in Gaza genocide case against Israel". Al Jazeera. Archived from the original on 31 January 2024. Retrieved 31 January 2024.
- ^ "UN resolutions and ICJ ruling are 'building blocks': Palestinian ambassador". Al Jazeera. Archived from the original on 31 January 2024. Retrieved 31 January 2024.
- ^ "New Zealand welcomes new ICJ measures". Al Jazeera. Archived from the original on 1 April 2024. Retrieved 1 April 2024.
- ^ "Turkey to join South Africa's genocide case against Israel at World Court". The Times of Israel. Reuters. 1 May 2024. Archived from the original on 1 May 2024. Retrieved 1 May 2024.
- ^ Abdallah, Nayera. "Egypt to intervene in ICJ case as Israel tensions rise". Reuters. Retrieved 18 May 2024.
- ^ Gadzo, Mersiha; Motamedi, Maziar (13 May 2024). "Maldives to join South Africa's ICJ genocide case against Israel". Al Jazeera. Retrieved 18 May 2024.
- ^ "Declaration of intervention filed by Mexico | INTERNATIONAL COURT OF JUSTICE". www.icj-cij.org. Retrieved 29 May 2024.
- ^ "Mexico seeks to join genocide case against Israel at ICJ". The New Arab. 29 May 2024. Retrieved 29 May 2024.
- ^ "Mexico files declaration of intervention in South Africa ICJ case against Israel". The Jerusalem Post. 28 May 2024. Retrieved 29 May 2024.
- ^ Rubio, Paz (1 June 2024). "Boric anuncia que Chile se hará parte de la demanda que presentó Sudáfrica contra Israel en la CIJ por genocidio". La Tercera. Retrieved 1 June 2024.
- ^ Corder, Mike (3 June 2024). "Palestinian officials apply to join South Africa's case at top UN court accusing Israel of genocide". Associated Press. Archived from the original on 4 June 2024. Retrieved 6 June 2024.
- ^ "Spain applies to join South Africa's case at top UN court accusing Israel of genocide". AP News. 6 June 2024. Retrieved 6 June 2024.
- ^ Declaration of intervention filed by Spain
- ^ "Cuba says it will join South Africa's ICJ 'genocide' case against Israel". The Times of Israel. Retrieved 23 June 2024.
- ^ "Turkey submits request to join genocide case against Israel in UN court". AP News. 7 August 2024. Retrieved 7 August 2024.
- ^ "Australia doesn't accept 'premise' of Israel genocide claim: Wong". Financial Review. 16 January 2024. Archived from the original on 17 January 2024. Retrieved 17 January 2024.
- ^ a b c d e f g "Why is the EU mostly silent on South Africa's genocide case against Israel?". Euronews. 12 January 2024. Archived from the original on 13 January 2024. Retrieved 14 January 2024.
- ^ "France says accusing Israel of genocide 'crosses moral threshold,' is exploitative". The Times of Israel. 17 January 2024. Archived from the original on 17 January 2024. Retrieved 17 January 2024.
- ^ a b "Germany Rejects UN 'Genocide' Charge Against Israel". Barron's (via AFP). 12 January 2024. Archived from the original on 13 January 2024. Retrieved 13 January 2024.
- ^ a b "Guatemala gov't issues statement rejecting South Africa's genocide claims". The Jerusalem Post. 9 January 2024. Archived from the original on 11 January 2024. Retrieved 11 January 2024.
- ^ "Israel has hit civilians in Gaza but no genocide- Tajani". Agenzia Nazionale Stampa Associata. 11 January 2024. Archived from the original on 16 January 2024. Retrieved 16 January 2024.
- ^ "US 'not seeing acts of genocide' in Gaza, State Dept says". Yahoo! News. Reuters. 4 January 2024. Archived from the original on 16 January 2024. Retrieved 16 January 2024.
- ^ "US rebukes South Africa for 'meritless' genocide suit against Israel". The Times of Israel. Jewish News Syndicate. 4 January 2024. Archived from the original on 5 January 2024. Retrieved 5 January 2024.
- ^ "Blinken: Genocide Charge Against Israel Is 'Meritless'; Palestinians Must Be Allowed Return to North Gaza". Haaretz. 9 January 2024. Archived from the original on 10 January 2024. Retrieved 10 January 2024.
- ^ "UK accused of hypocrisy in not backing claim of genocide in Gaza before ICJ". The Guardian. 7 January 2024. Archived from the original on 25 January 2024. Retrieved 24 January 2024.
- ^ "Lord Cameron denies suggesting Israel has committed war crimes in Gaza". The Independent. 14 January 2024. Archived from the original on 3 February 2024. Retrieved 3 February 2024.
- ^ Talmon, Stefan (15 January 2024). "Germany Rushes to Declare Intention to Intervene in the Genocide Case brought by South Africa Against Israel Before the International Court of Justice". German Practice in International Law. Archived from the original on 23 January 2024. Retrieved 24 January 2024.
- ^ "Albanese says Australia will not participate in ICJ case against Israel and instead focus on 'political solution'". The Guardian. 15 January 2024. Archived from the original on 15 January 2024. Retrieved 15 January 2024.
- ^ "'We don't accept' genocide case: Wong". The Australian. 16 January 2024.
- ^ "Canadian, UK leaders reject premise of ICJ genocide case against Israel". The Times of Israel. 13 January 2024. Archived from the original on 16 January 2024. Retrieved 18 January 2024.
- ^ a b "After days of confusion, Trudeau government says it will abide by ICJ on genocide case against Israel". CBC News. 16 January 2024. Archived from the original on 18 January 2024. Retrieved 18 January 2024.
- ^ "Canada doesn't accept premise of S. Africa genocide motion -PM". Reuters. 12 January 2024.
- ^ "Justin Trudeau breaks silence over Canada's position on Israel genocide allegations". Toronto Star. 12 January 2024. Archived from the original on 18 January 2024. Retrieved 18 January 2024.
- ^ "Trudeau government needs to clarify stance on 'genocide' claims against Israel, ambassador says". Edmonton Journal. 18 January 2024. Archived from the original on 23 January 2024. Retrieved 19 January 2024.
- ^ "Understanding EU's silence on ICJ Gaza 'genocide' case". EUobserver. 17 January 2024. Archived from the original on 26 January 2024. Retrieved 26 January 2024.
- ^ Nuki, Paul (26 January 2024). "ICJ genocide ruling threatens global support for Israel". The Daily Telegraph. Archived from the original on 27 January 2024. Retrieved 27 January 2024.
- ^ a b c d e f g Jimoh, Abdullahi (4 January 2024). "Over 100 Global Organisations Rally for South Africa's Genocide Case Against Israel at ICJ". News Central TV. Archived from the original on 6 January 2024. Retrieved 6 January 2024.
- ^ a b c d e f Conley, Julia (3 January 2024). "100+ Global Rights Groups Urge Support for South Africa's Genocide Case Against Israel at ICJ". Common Dreams. Archived from the original on 6 January 2024. Retrieved 6 January 2024.
- ^ a b c d e f g h "We Support South Africa's Genocide Convention Case Against Israel". Progressive International. 8 January 2024. Archived from the original on 8 January 2024. Retrieved 8 January 2024.
- ^ "South Africa's ICJ Case Against Israel Backed by Over 1,000 Organizations". The Palestine Chronicle. 10 January 2024. Archived from the original on 12 January 2024. Retrieved 13 January 2024.
- ^ a b c d e "Organizational Sign-on Letter Calling on States to Support South Africa's Genocide Convention Case Against Israel at the ICJ". Google Forms. 30 December 2023. Archived from the original on 12 January 2024. Retrieved 13 January 2024.
- ^ a b c "Welcoming South Africa's Principled Move to Pursue Justice for Israel's Genocide against Palestinians in Gaza at the International Court of Justice". Al-Haq. Archived from the original on 13 January 2024. Retrieved 14 January 2024.
- ^ "Amnesty International calls ICJ hearings 'vital step' to protect Palestinians". Al Jazeera. Archived from the original on 12 January 2024. Retrieved 12 January 2024.
- ^ "Boycott from Within Twitter Page: Likes". Twitter. Archived from the original on 15 January 2024. Retrieved 14 January 2024.
- ^ a b c d e Garriga, Melissa (2 January 2024). "Peace Groups Urge Countries to Join South Africa in Charging Israel With Genocide" (Press release). Washington, D.C.: CodePink. Archived from the original on 3 January 2024. Retrieved 5 January 2024.
- ^ De-Colonizer (16 January 2024). "N/A". Facebook. Archived from the original on 19 January 2024. Retrieved 18 January 2024.
- ^ "Genocide Case against Israel at World Court". Human Rights Watch. 10 January 2024. Archived from the original on 13 January 2024. Retrieved 14 January 2024.
- ^ Israeli Committee Against House Demolitions (4 January 2024). "N/A". Facebook. Archived from the original on 14 January 2024. Retrieved 14 January 2024.
- ^ Neiman, Ofer (12 January 2024). "N/A". Twitter. Archived from the original on 14 January 2024. Retrieved 14 January 2024.
- ^ Soussi, Alasdair (11 January 2024). "Who is Israeli MP Ofer Cassif, why is he backing South Africa at the ICJ?". Al Jazeera. Archived from the original on 14 January 2024. Retrieved 14 January 2024.
- ^ Heinrich, Mark. "Reaction to South Africa's UN court case against Israel's war in Gaza". Reuters. Retrieved 11 January 2024.
- ^ "Labour urges government to back Gaza genocide case at International Court". Radio New Zealand. 10 January 2024. Archived from the original on 15 January 2024. Retrieved 13 January 2024.
- ^ New Zealand Labour Party (10 January 2024). "Release: Labour calls on Govt to intervene in case against Israel". Labour. Archived from the original on 18 January 2024. Retrieved 19 January 2024.
- ^ International, WILPF (11 January 2024). "Nothing Justifies Genocide: ICJ Hearings – South Africa v. Israel". WILPF. Archived from the original on 11 January 2024. Retrieved 11 January 2024.
- ^ Luscombe, Richard (24 January 2024). "More than one-third of Americans believe Israel is committing genocide, poll shows". The Guardian. Archived from the original on 25 January 2024. Retrieved 25 January 2024.
- ^ "Genocide scholar says South Africa has made 'strong case'". Al Jazeera. Archived from the original on 13 January 2024. Retrieved 13 January 2024.
- ^ "South Africa's genocide case against Israel rallies Global South support". France 24. 26 January 2024. Archived from the original on 26 January 2024. Retrieved 26 January 2024.
- ^ Wong, Justin. "Government urged to join genocide case against Israel". The Post. Archived from the original on 11 January 2024. Retrieved 14 January 2024.
- ^ "ICJ ruling highlights 'evidence that Israel has committed genocide'". Al Jazeera. Archived from the original on 28 January 2024. Retrieved 28 January 2024.
- ^ "Buttu slams Canada's response to ICJ ruling on Gaza genocide". Al Jazeera. Archived from the original on 28 January 2024. Retrieved 28 January 2024.
- ^ "Former supreme court judge says Hague case is an 'insult to meaning of genocide'". The Jewish Chronicle. 11 January 2024. Archived from the original on 12 January 2024. Retrieved 12 January 2024.
- ^ "Canada doesn't accept premise of S. Africa genocide motion -PM". New Straits Times. Reuters. 13 January 2024. Archived from the original on 15 January 2024. Retrieved 15 January 2024.
Canada's opposition Conservative Party, which has a commanding lead in the polls, accused Trudeau of "sinister and hypocritical" double speak on the issue.
- ^ "Trudeau says Canada supports the UN court but not necessarily genocide claim against Israel". CBC News. 12 January 2024. Archived from the original on 15 January 2024. Retrieved 15 January 2024.
Conservative Leader Pierre Poilievre dismissed South Africa's genocide allegations against Israel, calling them a shameless and dishonest attack on Jewish people and the Jewish state. "I find it incredible these countries have not accused Hamas of genocide when it's in Hamas's charter that they want to commit genocide against Israel."
- ^ "Israeli MK Causes Uproar in Knesset After Signing Petition Accusing Israel of Genocide in Gaza". Haaretz. Archived from the original on 9 January 2024. Retrieved 10 January 2024.
- ^ "70 Israeli Lawmakers Sign Motion to Expel MK for Supporting ICJ Genocide Charges". Haaretz. Archived from the original on 9 January 2024. Retrieved 10 January 2024.
- ^ "Israel assembly falls short in vote to expel lawmaker over genocide case". Reuters. 19 February 2024. Retrieved 26 February 2024.
- ^ McKernan, Bethan (26 January 2024). "Israeli officials accuse international court of justice of antisemitic bias". The Guardian. ISSN 0261-3077. Archived from the original on 26 January 2024. Retrieved 26 January 2024.
- ^ "Ben Gvir slams ICJ as antisemitic, says Israel should ignore ruling on provisional measures". The Times of Israel. 26 January 2024. Archived from the original on 26 January 2024. Retrieved 26 January 2024.
- ^ "Concern About Palestinian and Israeli Human Rights Is Not a 'Blood Libel'". Haaretz. Archived from the original on 10 January 2024. Retrieved 10 January 2024.
- ^ "UK's Labour Party calls on Israel to comply with ICJ genocide ruling 'in full'". Al Jazeera. Archived from the original on 28 January 2024. Retrieved 28 January 2024.
- ^ "Canada not getting behind 'premise' of South Africa's genocide case against Israel". CTV News. 12 January 2024. Archived from the original on 17 January 2024. Retrieved 18 January 2024.
- ^ "South African Christian leaders oppose ICJ charge: Cannot keep silent". Jerusalem Post. 10 January 2024. Archived from the original on 15 January 2024. Retrieved 12 January 2024.
- ^ Husseini, Ibrahim (9 January 2024). "Over 650 Israelis back South Africa ICJ case against Israel". The New Arab. Archived from the original on 10 January 2024. Retrieved 10 January 2024.
- ^ Dentlinger, Lindsay (8 January 2024). "Over 400 Israeli citizens sign petition backing SA's genocide case vs Israel". Eyewitness News (South Africa). Archived from the original on 8 January 2024. Retrieved 28 March 2024.
- ^ "Bosnia's Srebrenica genocide survivors urge UN court to protect Gaza". Al Jazeera. Archived from the original on 18 January 2024. Retrieved 19 January 2024.
- ^ "What South Africa Really Won at the ICJ". Foreign Policy. 1 February 2024. Archived from the original on 9 April 2024. Retrieved 28 April 2024.
- ^ "One week after ICJ ruling, is Israel following the court's orders?". Al Jazeera. Archived from the original on 3 February 2024. Retrieved 4 February 2024.
- ^ "South Africa's foreign minister seeks extra security after threats". Al Jazeera. Archived from the original on 10 February 2024. Retrieved 11 February 2024.
- ^ "Protest barred from bid to block aid trucks at Gaza crossing". The Times of Israel. Archived from the original on 12 February 2024. Retrieved 23 December 2023.
- ^ "Families of Israeli captives promise 'extreme actions', including blocking Gaza aid". Al Jazeera. Archived from the original on 19 January 2024. Retrieved 20 January 2024.
- ^ "Activists block Nitzana border crossing to prevent entry of humanitarian aid into Gaza". The Times of Israel. Archived from the original on 3 February 2024. Retrieved 3 February 2024.
- ^ "Situation in Gaza worse two weeks after genocide ruling". Al Jazeera. Archived from the original on 9 February 2024. Retrieved 11 February 2024.
- ^ Obayashi, Yuka. "Japan's Itochu to end cooperation with Israel's Elbit amid Gaza war". Reuters. Archived from the original on 5 February 2024. Retrieved 6 February 2024.
- ^ "Region of Wallonia in Belgium suspends arms licences to Israel". Al Jazeera. Archived from the original on 6 February 2024. Retrieved 7 February 2024.
- ^ "More from Alex de Waal". Al Jazeera. Archived from the original on 22 February 2024. Retrieved 17 February 2024.
- ^ "Israel Defying ICJ Ruling to Prevent Genocide by Failing to Allow Adequate Humanitarian Aid to Reach Gaza". Amnesty International. Archived from the original on 27 February 2024. Retrieved 27 February 2024.
Bibliography
- Alexander, Atul (2024). "Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel) at the International Court of Justice". Chinese Journal of International Law. 23 (1): 185–190. doi:10.1093/chinesejil/jmae004. ISSN 1540-1650.
- Krever, Tor; Veličković, Marina; Mégret, Frédéric; Engle, Karen; Ní Aoláin, Fionnuala; Knox, Robert; Hammouri, Shahd; Quigley, John; Jaber, Nora; Rigney, Sophie; Kendall, Sara; da Silva, Clare; Schwöbel-Patel, Christine; Samour, Nahed; Burgis-Kasthala, Michelle; Teitel, Ruti G; Korhonen, Outi; Bowring, Bill; Allen, Lori A; Chandler, David; Nesiah, Vasuki; Pappé, Ilan; Fakhri, Michael; Miller, Zinaida; Drumbl, Mark A; Sayed, Hani; Tzouvala, Ntina; Joyce, Daniel; Douzinas, Costas; Edelbi, Souheir; Hoffmann, Florian; Jallad, Zeina; Becker Lorca, Arnulf; Hajyahia, Alaa; Kolabhai, Reshard L; Almeida Cravo, Teresa; Chiam, Madelaine; Quintana, Francisco-José; Betancur-Restrepo, Laura; Fernandes Carvalho, Fabia; Kulamadayil, Lys; Li, Darryl; Reynolds, John; Sayed, Abdelghany; Eslava, Luis; Whyte, Jessica; Clark, Martin; Clements, Richard; Gevers, Christopher; Shalbak, Ihab; Uriburu, Justina; Özsu, Umut; Hernández, Gleider; Tallgren, Immi (2024). "On international law and Gaza: critical reflections". London Review of International Law. doi:10.1093/lril/lrae012.
- Human Rights Watch (10 January 2024), World Court to hear Genocide Case Against Israel, retrieved 10 January 2024
External links
- official web page of the case (from International Court of Justice website)
- Public hearing videos: Oral argument of South Africa and Israel (International Court of Justice website)
- Convention on the Prevention and Punishment of the Crime of Genocide (United Nations Office on Genocide Prevention and the Responsibility to Protect website)