They're committing genocide: South Africa takes on Israel in UN court

The Hague

In a case that strikes at the heart of Israel's national identity, South Africa formally accused the country of committing genocide against Palestinians and pleaded on Thursday with the United Nations' top court to order an immediate halt to Israeli military operations in Gaza.

Israel, which was founded in the aftermath of the Holocaust, has vehemently denied the allegations.

During opening arguments at the International Court of Justice, South African lawyers said the latest Gaza war is part of decades of Israeli oppression of Palestinians.

The court “has the benefit of the past 13 weeks of evidence that shows incontrovertibly a pattern of conduct and related intention" that amounts to "a plausible claim of genocidal acts,” South African lawyer Adila Hassim told the judges and audience in a packed room of the Peace Palace in The Hague.

The two-day hearing is the public side of one of the most significant cases ever heard in an international court.

The dispute goes to the core of one of the world's most intractable conflicts.

South Africa is seeking preliminary orders to compel Israel to stop its military campaign in Gaza, where more than 23,000 people have died, according to the Gaza Health Ministry, which is run by Hamas.

“Nothing will stop the suffering except an order from this court," she said.

Although the court's findings are considered binding, it was unclear whether Israel would heed any order to halt the fighting.

If it doesn't, it could face UN sanctions, although those may be blocked by a US veto.

"The scale of destruction in Gaza, the targeting of family homes and civilians, the war being a war on children, all make clear that genocidal intent is both understood and has been put into practice. The articulated intent is the destruction of Palestinian life,” said lawyer Tembeka Ngcukaitobi.

He said the case's “distinctive feature" was “the reiteration and repetition of genocidal speech throughout every sphere of the state in Israel.”

Ahead of the proceedings, hundreds of pro-Israeli protesters marched close to the courthouse with banners saying “Bring them home,” referring to the hostages still being held by Hamas.

A decision on South Africa's request for so-called “provisional measures” will probably take weeks.

The case is likely to last years. South Africa sought to broaden the case beyond the Israel-Hamas war.

“The violence and the destruction in Palestine and Israel did not begin on October 7, 2023. The Palestinians have experienced systematic oppression and violence for the last 76 years,” said South African Justice Minister Ronald Lamola.

About two-thirds of the dead in Gaza are women and children, health officials in Hamas-ruled Gaza say. (AP)