Media News
edited: GFJ
Geneva, 15 January 2024
UN human rights experts have welcomed the initiation of hearings before the International Court of Justice (ICJ) concerning South Africa’s case against Israel. The experts underscored the importance of respecting and implementing any provisional measures the ICJ may decide, emphasizing the binding nature of the Court’s decisions as mandated by the ICJ Statute.
South Africa, on December 29, 2023, urgently sought provisional measures from the ICJ, urging Israel to suspend military operations in Gaza immediately and protect residents from alleged acts of genocide. The case is based on purported violations by Israel of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. The hearings for the request for provisional measures are scheduled for January 11 and 12 at The Hague, Netherlands. South Africa’s filing also accuses Israel of inciting genocide and failing to prevent it.
The experts stressed the finality and binding nature of ICJ decisions, calling for adherence to any orders made by the Court to protect the rights of Palestinians and uphold international law. They commended South Africa for bringing the case forward, particularly at a time when Palestinian rights in Gaza face widespread violations.
Acknowledging the support of numerous states for South Africa’s actions and the principled stance taken by individuals and organizations globally, the experts highlighted the case’s broader implications for all nations, irrespective of their ratification status of the Genocide Convention. South Africa and Israel, along with 151 other states, have ratified the Convention, making the obligations applicable globally.
Drawing parallels with previous cases, such as The Gambia’s 2019 case against Myanmar, the experts emphasized the universal obligation to prevent, halt, and punish genocide, as dictated by the erga omnes nature of the Genocide Convention.
In its application to the Court, South Africa cited statements by UN Special Procedures mandate holders, including evidence of genocidal incitement by Israeli officials. These officials’ comments, coupled with the use of powerful weaponry, restrictions on humanitarian aid, and attacks on healthcare services, have resulted in a dire humanitarian situation in Gaza.
The experts, reiterating their call for an immediate ceasefire, urged action to ensure unimpeded delivery of humanitarian aid to those in need, emphasizing the urgency of addressing displacement, domicile, and attacks on health infrastructure in the region.
