The Hague - Brussels: Europe and the Arabs
  South Africa has filed an application for proceedings against Israel before the International Court of Justice, the principal judicial body of the United Nations, in relation to Israel's alleged violations of its obligations under the Convention
Concerning the prevention and punishment of the crime of genocide (“the Genocide Convention”), which concerns the genocide of Palestinians in the Gaza Strip.
According to the request, “the actions on the part of Israel... are genocidal in nature, and are committed to the specific intent required... to destroy the Palestinians in Gaza as part of the broader Palestinian national, racial and ethnic group,” and that “Israel’s conduct – through State organs, agents of State, and other persons and entities acting on its instructions or under its direction, control or influence – with respect to Palestinians in Gaza, are in violation of their obligations under the Genocide Convention.”
The applicant also states that “Israel, since 7 October 2023 in particular, has failed to do so
It failed to prevent genocide and failed to prosecute direct and public incitement to genocide.”
He added: “Israel has engaged, is engaging, and risks further involvement in acts of genocide against the Palestinian people in Gaza.”
South Africa seeks to establish the Court's jurisdiction under Article 36, paragraph 1, of the Court's Statute and Article IX of the Genocide Convention, to which both South Africa and Israel have acceded. The application also includes a request to indicate interim measures, according to
To Article 41 of the Statute of the Court and Articles 73, 74 and 75 of the Rules of Court.
The applicant asks the court to indicate interim measures in order to “protect against further,
“Serious and irreparable harm to the rights of the Palestinian people under the Genocide Convention.”
“Ensuring Israel’s compliance with its obligations under the Genocide Convention not to participate.”
in genocide, and the prevention and punishment of genocide.” Pursuant to Article 74 of the Rules of Court, the measures shall have priority over all other cases.
The International Court of Justice (ICJ) is the principal judicial organ of the United Nations and was established by the UN Charter in June 1945 and began its activities in April 1946.
The Court consists of 15 judges elected by the General Assembly and the Court for a term of nine years. The Court’s headquarters are located in the Peace Palace in The Hague (Netherlands). The Court has a dual role: first, to decide, in accordance with international law, legal disputes submitted to it by states; Secondly, to provide advisory opinions on legal matters referred to duly authorized United Nations bodies and agencies of the system.