SOUTH AFRICA ACCUSATIONS OPEN FILE OF GENOCIDE CASE AGAINST ON ISRAEL AT GAZA STRIP
LATEST NEWS:The south Africa government open file and giving document argument to ICJ against the Israel genocide on Gaza people.
International Criminal Court (ICC) on March 29, 2024, in Den Haag, Netherlands. (Photo via Getty Images.
South Africa government accusations of genocide against Israel on Gaza strip. According to The Guardian report, South Africa governments has filed open as genocide crime case at the International Court of Justice(ICJ) alleging that Israel is engaging in “the genocidal acts” in Gaza strip and seeking a halt to its military campaign.
The Israel governments has denied the allegations, calling them “baseless”. The two-day hearing at the ICJ concluded recently after South Africa accused Israel of genocide and demanded an immediate ceasefire of the country’s military.
The UN international court of justice in The Hague has heard that Israel has shown “chilling” and “incontrovertible” intent to commit genocide in Gaza, with full knowledge of how many civilians it is killing.
HAGUE, NETHERLANDS -: The signboard of International Criminal Court (ICC) is seen as people carrying Palestinian flags and banners gather in front of ICC, calling for an investigation for attacks on Gaza, on Jan, 2024 in Hague, Netherlands. (Photo via Getty Images)
South Africa has taken a significant step by launching a case against Israel at the UN’s International Court of Justice (ICJ), accusing Israel of committing genocide during its military campaign in Gaza. The allegations are serious, and the situation has drawn international attention.
Israel’s response to these accusations has been one of disgust, with the state referring to South Africa’s case as a “blood libel.” Israel is urging the ICJ to reject the case.
The South African application to open proceedings at the ICJ asserts that the acts and omissions by Israel are genocidal in character because they are intended to bring about the destruction of a substantial part of the Palestinian national, racial, and ethnic group.
South Africa is calling for the court to convene promptly and issue “provisional measures” calling for a ceasefire.While any case at the ICJ is likely to take years to resolve, such a ruling could significantly sway international public opinion.
The court has previously ruled that depriving a people of food, shelter, medical care, and other means of subsistence constitutes genocidal acts. The intent to “destroy in whole or in part” the Palestinian population in Gaza has been a point of contention, with statements from Israeli officials contributing to the debate. With over 21,000 deaths in Gaza, South Africa believes it is time to let the court examine what is happening and seek justice.
TOPSHOT – A fireball erupts from an Israeli airstrike in Gaza City on October 9, 2023. (Photo via Getty Images) The death toll from the unprecedented assault by Palestinian militant group Hamas on its territory rose to 900 in Israel, which has retaliated with a withering barrage of strikes on Gaza, raising the death toll there to more were killed. The International Court of Justice (ICJ) is holding hearings on the case filed by South Africa against Israel, accusing it of committing genocide in Gaza. The hearings are scheduled for January 11 and 12, 2024. Israel has confirmed that it will be represented at the ICJ to oppose the South African government’s application.
The case alleges that Israel has violated the 1948 Convention on the Prevention and Punishment of the Crime of Genocide by committing genocide against Palestinians in Gaza and by failing to prevent it. The case is not a criminal proceeding against individuals but seeks a legal determination of state responsibility for genocide.
South Africa has asked the ICJ to issue provisional measures to protect Palestinians in Gaza from further harm, ensure Israel’s compliance with the Genocide Convention, and safeguard South Africa’s ability to have the case fairly adjudicated.
While the case may take several years to reach a final ruling, South Africa has asked the court to order provisional measures to protect the Palestinian people in Gaza from further harm. The hearings will include the first formal response by Israel before an independent and impartial court to allegations of atrocities against the Palestinian people since October 7, 2023.
THE HAGUE, NETHERLANDS – Exterior View of new International Criminal Court building in The Hague on Jan,2024 The Hague the Netherlands. (Photo via Getty Images)
The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. It is also known as the World Court and is located in The Hague, Netherlands. The ICJ settles disputes between states in accordance with international law and gives advisory opinions on international legal issues.
The court has two main functions: to settle legal disputes submitted to it by states and to give advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies. The court is composed of 15 judges elected by the United Nations General Assembly and the Security Council for a term of nine years.
The ICJ has jurisdiction over cases between states that have accepted its jurisdiction and over cases referred to it by the United Nations General Assembly or Security Council. The court’s decisions are binding and finally.
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The International Court of Justice (ICJ), also known as the World Court, is the sole international court that adjudicates general disputes between nations and provides advisory opinions on international legal matters. Here’s how it works:
Types of Cases:
Contentious Cases: These involve legal disputes between States submitted to the ICJ by the concerned parties. Only States (both UN members and other States that have accepted the Court’s jurisdiction) can be parties to contentious cases. States accept the ICJ’s jurisdiction in several ways:
By entering into a special agreement to submit the dispute to the Court.
Through a jurisdictional clause in a treaty, allowing one of the parties to refer a dispute to the Court.
By making reciprocal declarations under the ICJ Statute, accepting the Court’s compulsory jurisdiction in disputes with other States.
Advisory Proceedings: The ICJ also provides advisory opinions on legal questions referred to it by UN organs and specialized agencies.
Representation:
States have no permanent representatives at the ICJ. They typically communicate with the Registrar through their Minister for Foreign Affairs or accredited ambassadors.
When a State is a party to a case, it is represented by an agent who plays a role similar to a solicitor in a national court.
Agents receive communications from the Registrar, forward correspondence, and lodge submissions.
Agents may be assisted by co-agents, deputy agents, or assistant agents, along with counsel or advocates.
Institution of Proceedings:
Proceedings can be initiated in two ways:
Special Agreement: A bilateral document lodged with the Court by one or both of the States involved.
Jurisdictional Clauses: These clauses in treaties allow parties to refer specific disputes to the ICJ.
Role and Powers:
The ICJ hears arguments in public hearings.
The agent opens the argument on behalf of the government and lodges submissions.
The agent has diplomatic powers to commit a sovereign State.
Counsel or advocates assist in preparing pleadings and delivering oral arguments.
Importance:
The ICJ contributes to global peace and security by allowing countries to resolve issues without resorting to conflict.
