What kind of case is this? The hearing, which begins in the Peace Palace in The Hague at 10 o’clock on Thursday morning, will be watched by the whole world. An 84-page document constitutes South Africa’s complaint to the International Court of Justice (ICJ). In the complaint, South Africa argues that Israel intends to exterminate a significant part of Palestine’s population, namely those living in Gaza. This intention means that the warfare in Gaza violates the Genocide Convention, South Africa believes. They believe Israel has committed genocide, sometimes described as “the crime of all crimes”. BURIED: Gaza, 31.12.23. Photo: AP Israel, for its part, believes the accusations are “absurd”. A spokesman for the Israeli authorities called it a “blood indictment”, an old term for grotesque and false anti-Semitic rumors about the alleged bloodlust of Jews. “We assure South Africa’s leaders – history will judge you,” the Israeli spokesman continued in a statement, also confirming that Israel will be present in The Hague to defend itself. What consequences can a lawsuit have? There is a lot at stake. While it may take several years for a final verdict to be reached, important decisions can be made in just a few weeks. Firstly, the court’s initial substantive examination of the complaint itself will be of great importance. PEACE PALACE: The International Court of Justice is located in The Hague in the Netherlands. Photo: AP If the court believes that the allegations of Israeli genocide are sufficiently substantiated in the complaint to require a trial, it will put considerable pressure on the Israeli authorities. In addition, South Africa is asking what is considered the international community’s most important court to demand an immediate halt to actions that could lead to a possible genocide. They believe that the hostilities must cease pending the court’s decision. Does the court have any ability to enforce such a decision? No. But seen in the light of increasing international pressure against Israel, there is reason to believe that such a conclusion from the international court will be a weighty argument both for a country like the United States, Israel’s most important supporter, and for internal critics of the government within Israel. It is conceivable that this will force changes in the way the war is conducted. If the court decides that the case is well-founded enough for it to continue with public hearings, it could also have consequences for the US’s military and financial support to Israel. Initially, however, the US authorities dismiss South Africa’s complaint as “baseless, counterproductive and completely without any basis in fact”. CONVERSATIONS: US Secretary of State Antony Blinken (left) in conversation with Israel’s Foreign Minister Israel Katz (second from right) on 9 January. Photo: AFP How likely is the court to reject South Africa’s appeal? The experts are divided in the preliminary assessments. The Norwegian international law expert Cecilie Hellestveit has argued that there is much evidence that what is happening in Gaza is a brutal war, rather than genocide. Although the war involves both violations of humanitarian law, possible war crimes and crimes against human rights, legally speaking, these are crimes in a different division than genocide, claims Hellestveit. CLEAR MESSAGE: Demonstrators all over the world have maintained that Israel is guilty of genocide. The International Court of Justice will now decide whether there is a legal basis for such a claim. Photo: AFP It has also been claimed that the court does not have the authority to demand a halt in hostilities pending the court’s hearing, because that would be contrary to the UN Charter’s section 51 on the right of states to self-defence. However, it is by no means improbable that the court considers that the accusations are well-founded enough for a further process to be required. In order for the process to continue after the initial hearings this week, it is also not the case that the court has to take a final decision on whether there is a legal basis for a trial – that can also be assessed at a later stage. Why isn’t Palestine itself behind the complaint? The International Court of Justice in The Hague is the UN’s court for conflicts between states. As Palestine is not fully recognized as an independent state, the country does not have the opportunity to submit complaints to the ICJ. However, other countries, such as South Africa, may do so even if they are not themselves directly involved, as genocide is a crime that concerns the entire world community. BLAMES ISRAEL: South African President Cyril Ramaphosa believes Israel is guilty of genocide. Photo: AFP Both South Africa and Israel have signed the Genocide Convention, which was adopted in 1948. Thus, both states are obliged to prevent genocide, in addition to the fact that they are obliged not to commit genocide themselves. The Convention defines genocide as acts intended to destroy all or part of a national, ethnic or religious group. How do the Norwegian authorities relate to the matter? In autumn 2022, Norway supported Ukraine’s case against Russia before the International Court of Justice in The Hague. It was the first time Norway intervened in an ICJ dispute between two states. news has asked the Ministry of Foreign Affairs whether there will also be an intervention in the case between South Africa and Israel. This is the response from State Secretary Andreas Kravik: We have read South Africa’s complaint to the International Court of Justice with interest and will follow the case closely. The hearing this week concerns South Africa’s request for an interim injunction, which could potentially limit Israel’s waging of the war pending a final decision by the court. In that case, this will be a legal decision that Israel will be obliged under international law to comply with. Norway is not in the habit of intervening in disputes between states before the International Court of Justice. It cannot be ruled out that legal questions may arise along the way that Norway may have an interest in intervening, but it is currently too early to say. On a general basis, we are positive that states use the ICJ to resolve disputes in a peaceful manner, as required by the UN Charter. It is positive that Israel has said that it will participate in the hearing. It is important that the parties respect the court’s decision(s) in the case.
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The genocide case against Israel – news Urix – Foreign news and documentaries
