The South African government has taken its firmest stance yet against Israel’s war in Gaza, accusing Israel of genocide against Palestinians in a new case in the International Court of Justice (ICJ) at the Hague.
South Africa initiated the case Friday and requested the ICJ order Israel to stop its onslaught in Gaza immediately. While South Africa’s filing may not affect the outcome of the war in any meaningful way, it does draw on longstanding ties between Black South Africans’ liberation struggle and that of the Palestinian people. It also signals the country’s desire to challenge the US-dominated international order that it sees as unfair to African and non-Western interests.
The 84-page application states that “The acts and omissions by Israel complained of by South Africa are genocidal in character because they are intended to bring about the destruction of a substantial part of the Palestinian national, racial and ethnical group,” in violation of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide.
Israel quickly rejected the filing “with disgust,” calling it a “blood libel” — a reference to a false accusation that originated in the Middle Ages that Jewish people would murder Christians and use their blood in rituals, and which was used as a justification for oppression of Jewish communities.
The ICJ is different from the International Criminal Court, which is already investigating alleged war crimes committed by both Israel and Hamas stemming from the October 7 attacks. The ICC is set up to investigate and prosecute individuals at the highest levels who are accused of planning and directing war crimes, while national courts are typically the venue to prosecute perpetrators of low-level war crimes — individual fighters who may have carried out war crimes directed by those high-level commanders or leaders.
Under the Genocide Convention, any country can bring charges of genocide against another at the…
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