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South Africa’s genocide case against Israel: Can ICJ’s verdict change the course of Israel-Hamas war?
- Israel has dismissed the genocide claims and accused South Africa of acting as the ‘legal arm’ of Hamas
Amid a raging Israel-Hamas war, South Africa has approached the International Court of Justice (ICJ) accusing Israel of committing “genocide” against Palestinians in Gaza. Tembeka Ngcukaitobi, advocate of the High Court of South Africa called Israel's top leadership “genocidal inciters,” and said their intent is to destroy Gaza. Israel has dismissed the genocide claims and accused South Africa of acting as the “legal arm” of Hamas.
The war that has killed more than 23,000 people in Gaza started on 7 October when Hamas terrorists barged into Israel's territory from Gaza and killed around 1,400 civilians. The terrorists also took more than 200 people with them as hostages and is using them to negotiate with Israel.
The judges of the UN's top legal body heard strong arguments from both sides and likely to deliver the verdict in the case soon. The international court will consider various facts before it to decide if Israel is guilty of "destroying a national, ethnic, racial or religious group, in whole or in part," as per the 1948 Convention on Genocide.
ICJ's decision and impact on Israel-Hamas war
The role of the International Court of Justice (ICJ) is to settle legal disputes between countries in accordance with international law and give advisory opinions on legal questions referred to by authorized United Nations organs and specialized agencies.
The international court does not have its own enforcement agency to ensure the implementation of its orders.
South Africa has requested the court to impose an international injunction against Israel’s strikes on Gaza. In case the ICJ rules in favor of South Africa's request, the international pressure on Israel will increase. The verdict will come against the backdrop of a rising civilian death toll in Gaza and even the closest friends of Israel have shared their displeasure on the issue.
But, Israel can still choose to ignore the verdict of the International Court of Justice and continue its campaign in Gaza. The matter may then move to the UN Security Council, but as a permanent member of the UN body, the United States is expected to exercise its veto for any move against Israel.
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Business NewsNewsWorldSouth Africa’s genocide case against Israel: Can ICJ’s verdict change the course of Israel-Hamas war?
First Published:13 Jan 2024, 04:09 PM IST
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