The Hague, 30 December 2023 (TDI): The Republic of South Africa approaches the International Court of Justice under the Genocide Convention with respect to acts committed by Israel in the context of its attacks on Gaza.
In accordance with Articles 36 (1) and 40 of the Statute of the Court and Article 38 of the Rules of Court, the Application was submitted instituting proceedings in the name of the Republic of South Africa against the State of Israel.
Additionally, pursuant to Article 41 of the Statute, the Application includes a request that the Court indicate provisional measures to protect the rights invoked herein from imminent and irreparable loss.
The Application alleged concerning violations by Israel of its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide in relation to Palestinian in Gaza Strip.
According to the Application the acts and omission by Israel are genocidal in character, as they are committed with the requisite specific intent, to destroy Palestinians in Gaza as a part of the broader Palestinian national, racial, and ethical group.
Also, the conduct of Israel through its State organs, State agents, and other persons and entities acting on its instructions or under its direction, control, or influence, in relation to Palestinians in Gaza, is in violation of its obligations under the Genocide Convention.
The Presidency of the Republic of South Africa said that South Africa is gravely concerned with the plight of civilians caught in the present Israeli attacks on the Gaza Strip due to the indiscriminate use of force and forcible removal of inhabitants.
South Africa has repeatedly stated that it condemns all violence and attacks against all civilians, including Israelis.
Moreover, South Africa has continuously called for an immediate and permanent ceasefire and the resumption of talks that will end the violence arising from the continued belligerent occupation of Palestine.
Therefore, as a State Party to the Convention on the Prevention and Punishment of the Crime of Genocide, South Africa is under a treaty obligation to prevent genocide from occurring, therefore at a special cabinet meeting on 8th December it was decided to approach the ICJ against Israel.
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An application in this regard was filed before court on 29th December in which the Court is requested to declare on an urgent basis that Israel (also a State Party) is in breach of its obligations under the Genocide Convention.
It should immediately cease all acts and measures in breach of those obligations and take several related actions.
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