UN court sets dates for South Africa genocide case against Israel in Gaza war

The Hague, Netherlands - For the first time since the beginning of the Israel-Gaza war in October, Israel must face the accusation of genocide before an international court, with hearings based on a South African complaint scheduled for January 11 and 12.

The Peace Palace, the seat of the International Court of Justice (ICJ) in The Hague, Netherlands, the UN court where South Africa has filed charges against Israel for alleged genocidal acts in Gaza.
The Peace Palace, the seat of the International Court of Justice (ICJ) in The Hague, Netherlands, the UN court where South Africa has filed charges against Israel for alleged genocidal acts in Gaza.  © imago/Xinhua

The dates were announced Wednesday evening by the International Court of Justice (ICJ), the highest United Nations court, in The Hague. South Africa will make its case on January 11 and Israel its on the 12th, the court said. Two hours are planned for each side.

South Africa had invoked the Genocide Convention in its complaint filed with the court on Friday. Both South Africa and Israel have signed the convention.

For the time being, these are summary proceedings. South Africa had requested immediate measures, saying the court should order an end to the violence against Palestinians in order to protect their rights "from further serious and irreparable harm."

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According to South Africa, Israel's attacks are "genocidal in nature," as they are aimed at destroying the Palestinians in the area.

Lior Haiat, a spokesman for Israel's Foreign Ministry, has rejected South Africa's claims after the filing.

"Israel rejects with disgust the blood libel spread by South Africa and its application with this complaint" to the ICJ, he wrote last week on X.

The lawsuit "lacks both factual and legal basis," he wrote, adding that the ICJ and the international community should "completely reject South Africa's baseless claims." Hamas is solely responsible for the suffering in Gaza, as Israel is doing whatever it can to minimize harm to the civilian population, Haiat wrote. Hamas uses Palestinians as human shields and steals humanitarian aid from them, he added.

Prime Minister Benjamin Netanyahu added Israel displayed "unparalleled morality" in the Gaza war, as he too dismissed South Africa's charge.

The US on Wednesday criticized South Africa for bringing the case, with White House National Security Council spokesperson John Kirby calling the submission "meritless" and "counterproductive."

The UN General Assembly has passed a resolution calling for an immediate humanitarian ceasefire in the Gaza Strip

When will the UN court decision on Israel and genocide be decided?

Protestors draw comparisons between South Africa's anti-apartheid movement and support for victims of Israel's ongoing bombardment on Palestinians.
Protestors draw comparisons between South Africa's anti-apartheid movement and support for victims of Israel's ongoing bombardment on Palestinians.  © IMAGO/ZUMA Wire

The ICJ is the highest court of the United Nations and is supposed to dispense justice in conflicts between countries. Its judgements are legally binding, but the court has no way of enforcing them. To do so, they would have to appeal to the UN Security Council.

The Gaza war was triggered by the terrorist attack by Hamas and other extremist Palestinian organizations on October 7 against Israel. They murdered about 1,140 people and took some 240 hostages, around half of whom have been released.

Israel responded with massive airstrikes and a relentless ground offensive. The aim is to completely destroy Hamas. In view of the catastrophic humanitarian situation in the sealed-off coastal area and the high number of civilian casualties, Israel has come under increasing international criticism.

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Israel's ongoing Gaza offensive has killed more than 22,300 people in the last three months and seen over 57,000 others injured in Gaza, mostly women and children, according to the health ministry in Hamas-ruled Gaza.

A ruling by the ICJ on the request for emergency measures is expected to follow within weeks, but the case proper could still take months, or even years.

Cover photo: Collage: IMAGO/Xinhua & ZUMA Wire

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