Following Hamas’ October 7th 2023 attack on Israeli civilians, Israel formally declared war against Hamas. Since then, South Africa has taken Israel to the International Court of Justice. As of December 29, the death toll is Gaza rose to 23,074 in just 3 months, with 8,000 being children under 18 (United Nations). When Israel asked the case to be dismissed, the court refused and ruled it has jurisdiction over the case (CBS News). South Africa took Israel to court due their belief that Israel is committing Genocide against the Palestinians. South Africa requested that it be declared that Israel breached its obligations under the Genocide Convention. They also request that Israel stop further actions that will bring further mental harm and death to Palestinians.
A main issue being addressed in South Africa’s case is the mass deliberate killing of Palestinians in Gaza. At the time of when South Africa took Israel to court, it is believed that of those killed, 70% are women and children (United Nations Press). Palestinians have been killed in places where they attempted to seek refuge and safety like their homes, hospitals, UNWRA school, churches,refugee camps, and mosques. (Greek Othodox Church, Northern Gaza UNRWA school, Al Shifa Hospital, Nasser Medical Complex, etc…). Palestinians have been killed if they failed to evacuate and even in places where they were told to flee too, (Rafah Crossing). Furthermore, South Africa also brought up how Israel’s military actions were causing serious bodily and mental harm to the Palestinians, due to how large numbers of civilians are being detained, blindfolded, arrested, stripped, and taken away when they have no proven ties to the ongoing terrorism by Hamas. South Africa also addressed how out of Gaza’s 2.3 million population, 85% (which is over 1.9 million Palestinians) have been displaced. South Africa claims the deprivation of access to food and water is devastating.
Following October 7, Israel declared a complete siege on all of Gaza on October 9 (The New York Times), not permitting the passage of electricity, food, water, or fuel to enter Gaza. However, even though the siege has been faintly less severe, with some aid trucks being allowed through from October 21st, it just isn’t enough according to South Africa. Following Israel accusation that some of the UNRWA staffers played a role in the October 7 attack, aid has become even more severe, as several countries have suspended funding to the UN agency (BBC News). South Africa asserts the deprivation of shelter, hygiene, sanitation, and the lack of adequate medical assistance is bringing about the complete destruction of Palestinian life in Gaza.
According to the United Nations, the healthcare infrastructure in the Gaza has basically been obliterated. They claim, “we bear witness to a shameful war on healthcare workers.” South Africa also mentioned the destruction of life in Gaza, highlighting that the continuation of life was nearly impossible due to the destruction of bakeries, water pipes, sewage, electricity networks, schools, hospitals, etc.. All of Gaza’s 4 Universities and schools have been impacted. South Africa also believes that Israel is deliberately imposing actions with the intent of preventing Palestinians births. South Africa is asserting the expressions of Genocidal Intent, by several Israeli Officials, such as Netanyahu comparing the situation to Amalek. Israel’s president, Isaac Herzog, stated on Oct 12, “It’s an entire nation out there that is responsible. It’s not true this rhetoric about civilians not aware not involved. It’s absolutely not true…and we will fight until we break their backbone.” South Africa requested the Court to declare that Israel continues to breach their obligations from the Genocide Convention, must cease all actions that cause them to break their obligations by killing Palestinians and causing mental harm and serious bodily damage. South Africa believes Israel must perform obligations of reparations- including reconstructing Gaza, and must offer reassurances that they will never violate the Genocide Convention.
On January 26, 2024, the United Nations International Court of Justice ruled that Israel must take appropriate measure to prevent genocide, and within 1 month submit a report on the measure take to give effect to the ruling. While this is a historic case, the court stopped short of ordering a permanent ceasefire. As of January the death toll in Gaza is over 26,000, with 10,000 being children under 18 (Ministry of Health). With South Africa’s historic case, they put the entire global justice system on trial for us to witness.