South Africa accuses Israel of genocide at International Court of Justice

South Africa has accused Israel of breaching the UN Genocide Convention, claiming that even the October 7 Hamas attack does not justify the alleged actions.

The country lodged an urgent appeal with the International Court of Justice (ICJ) to stop Israel from carrying out its military operations in Gaza.

South Africa contends that Israel is violating the UN Genocide Convention, a treaty established in 1948 after the Holocaust.

Israel, which will present its defence on Friday, has dismissed the case as atrocious and preposterous, and the accusations baseless.

Pretoria Justice Minister Ronald Lamola accused Israel of crossing a line in its response to the October 7 attack, setting out South Africa's case at the ICJ.

“No armed attack on a state territory, no matter how serious, can provide justification for or defend breaches of the convention," he said.

On Thursday, the UN court heard South African lawyers claim that Israel officials support plans to destroy Gaza.

Tembeka Ngcukaitobi, a lawyer for the High Court of South Africa, told the ICJ that Israel’s “intent to destroy Gaza has been nurtured at the highest level of state”.

Another lawyer, Adila Hassim, said: “Everyday there is mounting, irreparable loss of life, property, dignity and humanity for the Palestinian people.”

"Genocides are never declared in advance, but this court has the benefit of the past 13 weeks of evidence that shows incontrovertibly a pattern of conduct and related intention that justifies a plausible claim of genocidal acts," Hassim declared.

As a fellow signatory to the treaty, South Africa has the authority to take Israel to the ICJ, often dubbed the "World Court," which resolves disputes between countries. The ruling African National Congress (ANC), a staunch supporter of the Palestinian cause, has linked it to its historical struggle against the white-minority government, which had close ties with Israel.

Israel is set to present its arguments, with President Isaac Herzog calling the claim "atrocious and preposterous." Herzog asserted that Israel would proudly present its case of self-defense under international humanitarian law, emphasizing the Israeli army's efforts to minimize unintended consequences and civilian casualties.

The United States, a staunch ally of Israel, has dismissed the charges as "unfounded," with the State Department arguing that those attacking Israel openly call for its annihilation and the mass murder of Jews.

As an urgent procedure, the ICJ could issue a ruling in a matter of weeks. While its decisions are final and cannot be appealed, adherence by countries varies. Despite the ICJ ordering Russia to halt its invasion of Ukraine, compliance is not guaranteed.

A ruling against Israel could escalate political pressure on the country, potentially paving the way for sanctions.