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South Africa seeks International Court of Justice genocide order against Israel

israeli soldiers pose with a plastic skeleton they found in gaza
Israeli soldiers pose with a plastic skeleton they found in Gaza and brought to Israel, amid the ongoing conflict between Israel and the Palestinian Islamist group Hamas, near the Israel-Gaza border, in southern Israel, December 27, 2023. REUTERS/Amir Cohen

South Africa asked the International Court of Justice (ICJ) on Friday for an urgent order declaring that Israel was in breach of its obligations under the Genocide Convention in its ongoing crackdown against Hamas in Gaza.

In the latest development in Israel’s war against Hamas, tens of thousands of newly displaced Gazans sought refuge in the centre of the Palestinian enclave on Friday after fleeing an Israeli tank offensive, while warplanes attacking the south flattened homes and buried families as they slept.

The court application is the latest move by South Africa, a vociferous critic of Israel’s war, to ratchet up pressure after its lawmakers last month voted in favour of closing down the Israeli embassy in Pretoria and suspending all diplomatic relations until a ceasefire was agreed in Israel’s war with Palestinian Islamist group Hamas in Gaza.

In a statement from South Africa’s Department of International Relations and Cooperation (DIRCO), the government said the application against Israel was filed on Friday.

“Israel, since 7 October 2023 in particular, has failed to prevent genocide and has failed to prosecute the direct and public incitement to genocide,” DIRCO said in a statement.

It said it had requested that the ICJ declare “on an urgent basis that Israel is in breach of its obligations in terms of the Genocide Convention, should immediately cease all acts and measures in breach of those obligations and take a number of related actions.”

The ICJ is one of the six principal organs of the United Nations and helps settle disputes between states in accordance with international law.

South Africa has backed the Palestinian cause for statehood in Israeli-occupied territories for decades, likening the plight of Palestinians to those of the Black majority in South Africa during the repressive apartheid-era, a comparison Israel vehemently denies.

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