News ID : 160183
Publish Date : 1/1/2024 12:17:36 PM
Dimensions of South Africa's lawsuit against Israel's genocide in Gaza, at the International Court of Justice

Dimensions of South Africa's lawsuit against Israel's genocide in Gaza, at the International Court of Justice

South Africa, as one of the member countries of the Convention on the Prevention and Punishment of the Crime of Genocide, in a special meeting held on December 8, 2023, the country's cabinet ordered to refer to the International Court of Justice in The Hague to issue an order during which Order Israel, which is also a member state, to refrain from any actions that may amount to genocide.

NOURNEWS- On December 29, 2023, South Africa submitted a request to the International Court of Justice to file a lawsuit against Israel regarding the violation of this regime's obligations regarding the Palestinians of the Gaza Strip under the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention).

According to this request, it has been pointed out that Israel's actions have the characteristics of genocide because these actions have been accompanied by specific intentions to destroy the Palestinians in Gaza as part of a large national, racial, and ethnic group. Israel's behavior and actions with the Palestinians in Gaza, whether through organs, government agents, other people, and institutions that act according to the instructions or under its instructions, are considered violations of obligations according to the Genocide Convention.

In the continuation of this lawsuit, it is pointed out that Israel, especially since October 7, 2023, has not followed up direct and public measures regarding the genocide convention and has failed in this regard. 

Also, South Africa has asked the Court to adopt temporary measures in order to protect the rights of the Palestinian people against further, severe, and irreparable harm under the Genocide Convention and to ensure that Israel adheres to its obligations under the Genocide Convention.

Regarding South Africa's lawsuit in the International Court of Justice, the Ministry of Foreign Affairs of this country also issued a press statement on the same day (December 29, 2023).

In this statement, South Africa has declared that it is extremely concerned about the situation of civilians who have been caught in the current Israeli attacks on the Gaza Strip due to the indiscriminate use of force and forced eviction of residents. There are constant reports of international crimes, such as crimes against humanity and war crimes, as well as reports of acts of genocide or related crimes.

The statement goes on to point out that with regard to acts of genocide or related crimes under the 1948 Convention (which deals with the prevention and punishment of genocide), these crimes have been committed and may still be committed in the ongoing killings in Gaza. South Africa has repeatedly stated that it condemns violence and attacks against all civilians, including Israelis. In addition, South Africa has consistently called for an immediate and permanent ceasefire and the resumption of negotiations to end the violence resulting from the continued militant occupation of Palestine.

In the end, it was pointed out that South Africa, as one of the member countries of the Convention on the Prevention and Punishment of the Crime of Genocide, is committed to preventing the occurrence of genocide. Therefore, in a special meeting held on December 8, 2023, the Cabinet ordered that the International Court of Justice in The Hague be referred to for an order ordering Israel, which is also one of its member states, to refrain from any Refrain from committing an act that may amount to genocide or crimes under the Convention. In this context, a request was submitted to the Court on December 29, 2023, in which the Court is requested to immediately declare that Israel is in violation of its obligations under the Genocide Convention and must immediately stop all actions that violate those obligations and perform some related actions.

The International Court of Justice approved South Africa's complaint regarding the violation of Israel's obligations. On this basis, South Africa has filed a lawsuit against Israel based on the Genocide Convention.

In this regard, the Hamas movement, in a statement praising South Africa's petition in the International Court of Justice, announced that South Africa's action is an important step towards the accountability and trial of the leaders of the Zionist regime as contemporary criminals who have committed the most brutal crimes in the current era. Humanity has committed. We call on all countries to submit similar requests to the relevant national and international criminal courts against the criminal regime as a threat to global peace and security, to ensure that this regime is not punished for its brutal crimes against children. And civilians in the Gaza Strip should not be spared.

Following South Africa's action, Israel's Foreign Ministry reacted in a statement. On Friday, Israel rejected South Africa's referral to the International Court of Justice as a baseless blood libel without any legal value and said that it adheres to international law in the war with Hamas in Gaza. Israel's foreign ministry statement goes on to accuse South Africa of cooperating with a terrorist group that wants to destroy Israel. The people of Gaza are not Israel's enemies, and Israel is trying to limit harm to civilians. The spokesman of the Zionist regime also announced that military measures would be pursued only against Hamas and other terrorist organizations that cooperate with Hamas.

It should be noted that South Africa recalled its diplomats from Israel in early November, and Israel in turn recalled its ambassador from this country. In addition, the South African parliament voted to suspend all diplomatic relations with Israel, although the government has not yet officially responded to this vote.

Also, last month, South Africa together with 5 countries officially submitted a complaint regarding Israel's war crimes in Gaza to the International Criminal Court.


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