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South Africa has brought a case against Israel at the International Court of Justice (ICJ), while the International Criminal Court (ICC) has also been involved in a separate investigation related to the conflict in Palestine. It is important to distinguish between these two international legal bodies.
International Court of Justice (ICJ)
* The Case: On December 29, 2023, South Africa filed an application with the ICJ, the principal judicial organ of the United Nations, accusing Israel of violating its obligations under the 1948 Convention on the Prevention and Punishment of the Crime of Genocide.
* Allegations: South Africa's complaint alleges that Israel's military actions in Gaza demonstrate a genocidal intent against the Palestinian people, citing a pattern of conduct that includes killing, causing serious bodily and mental harm, and deliberately inflicting conditions of life calculated to bring about physical destruction.
* ICJ's Role: The ICJ hears disputes between states and its judgments are legally binding. South Africa invoked its standing as a signatory to the Genocide Convention, which creates an erga omnes obligation, meaning all state parties have a common interest in preventing genocide.
* Provisional Measures: South Africa requested the court to issue provisional measures, which are emergency orders to prevent further harm while the court considers the full merits of the case. On January 26, 2024, the ICJ issued a ruling on these measures.
* ICJ's Judgment (Provisional Measures): The ICJ did not order a complete ceasefire. However, it did order Israel to take all measures within its power to prevent the commission of acts that could fall under the Genocide Convention. This included ordering Israel to:
* Prevent and punish any incitement to genocide.
* Take immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance.
* Preserve evidence related to the allegations of genocide.
* Submit a report to the court on all measures taken to give effect to this order.
The ICJ's ruling found it "plausible" that Israel's actions could amount to genocide, but this is not a final determination on the merits of the case, which is ongoing and is expected to take years.
International Criminal Court (ICC)
* The Investigation: The ICC, which prosecutes individuals for war crimes, crimes against humanity, and genocide, has had an ongoing investigation into the "Situation in the State of Palestine" since March 2021.
* Jurisdiction: The ICC's jurisdiction was accepted by the State of Palestine, which became a state party to the Rome Statute in 2015. This allows the court to investigate alleged crimes committed in the Palestinian territories, including Gaza, the West Bank, and East Jerusalem, since June 13, 2014, regardless of the nationality of the perpetrator.
* Arrest Warrants: In November 2024, the ICC issued arrest warrants for senior Hamas leaders and then-Israeli Prime Minister Benjamin Netanyahu and then-Israeli Minister of Defense Yoav Gallant. The warrants for the Israeli officials were on charges of war crimes and crimes against humanity, including "starvation of civilians as a method of warfare" and "willfully causing great suffering, or serious injury to body or health."
* Relationship to the ICJ Case: It is important to note that the ICC and the ICJ are separate and distinct institutions. The ICJ case is a dispute between states (South Africa v. Israel) regarding the interpretation and application of a treaty. The ICC investigation is a criminal proceeding against individuals for alleged international crimes.
