It is worth noting that both South Africa and Israel are signatories to the 1948 Genocide
Convention which gives the ICJ the jurisdiction to rule on disputes over the
treaty.
The International
Court of Justice (ICJ) based in The Hague will hold its first hearing in South
Africa’s genocide case against Israel on Thursday, with several countries
welcoming the move amid a global chorus for a ceasefire in Gaza.
South Africa filed
the lawsuit end of December 2023,
accusing Israel of genocide in its war on Gaza and seeking a halt to the brutal
military assault that has killed more than 23,000 Palestinians, nearly 10,000
of them children.
The 84-page filing
by South Africa says Israel violated the 1948 Genocide Convention, drawn
up in the aftermath of World War II and the Holocaust.
All states that
signed the convention are obliged to not commit genocide and also to prevent
and punish it. The treaty defines genocide as “acts committed with intent to
destroy, in whole or in part, a national, ethnical, racial or religious group”.
Here’s what we know
about the countries backing South Africa in its case against Israel, and the
countries that oppose the case at the world court.
Which countries
have welcomed South Africa’s ICJ case against Israel?
The Organization of
Islamic Countries (OIC), the 57-member
bloc, which includes Saudi Arabia, Iran, Pakistan and Morocco, voiced their
support for the case on December 30.
Malaysia in a statement released on January 02, 2024 by the Malaysian Ministry of Foreign Affairs welcomed the South
African application. It reiterated a call for an independent
Palestinian state “based on the pre-1967 borders, with East Jerusalem as its
capital”.
Turkish Ministry
of Foreign Affairs spokesperson Oncu Keceli posted on X on January 03, 2024 welcoming South Africa’s move.
Jordan’s Foreign Minister Ayman Safadi said on
January 04, 2023 that Amman would back South Africa.
On Sunday, the
Ministry of Foreign Affairs of Bolivia dubbed South Africa’s move as
historic, becoming the first Latin American country to back the ICJ case
against Israel.
Besides countries,
many advocacy groups and civil society groups worldwide have also joined South
Africa’s call. These include Terreiro Pindorama in Brazil, Asociacion Nacional
de Amistad Italia-Cuba in Italy, and Collectif Judeo Arabe et Citoyen pour la
Palestine in France, reported independent outlet Common Dreams.
Bolivia also
pointed out it had earlier filed a request to International Criminal
Court (ICC) Prosecutor Karim Khan alongside South Africa, Bangladesh, Comoros,
and Djibouti to investigate the situation in Palestine. Khan said he received
the request on November 30, 2023.
The ICC and the ICJ
are sometimes conflated with one another. Both the courts are located in The
Hague, Netherlands. While the purpose of the ICJ is to resolve conflicts
between states, the ICC prosecutes individuals for committing crimes, according
to the University of Melbourne’s Pursuit platform. While states cannot be sued
at the ICC, the prosecutor can open an investigation where crimes, including
genocide, were likely committed.
The United States
has voiced its opposition to the genocide case. National security spokesperson
John Kirby called South Africa’s submission “meritless, counterproductive, and
completely without any basis” during a White House press briefing on January 03, 2024.
Israeli President
Isaac Herzog told US Secretary of State Antony Blinken on Tuesday, “There is nothing more atrocious and preposterous” than the lawsuit.
Herzog also thanked Blinken for Washington’s support of Israel.