A complaint filed by South Africa against Israel before the International Court of Justice has caught the attention of French and Swiss newspapers. The complaint accuses Israel of committing genocide in Gaza and demands immediate action to stop the ongoing crimes against Palestinians. While the court's decision may take time and face challenges, the complaint has raised concerns among Israeli officials.
The Devastating Accusation
For Israel, the accusation of genocide is deeply troubling. The country was established in the aftermath of the Holocaust, and now finds itself accused of similar crimes. On the other hand, Palestinians in Gaza see this complaint as an opportunity to shed light on their suffering after enduring months of devastating bombings.
The Role of the International Court of Justice
The International Court of Justice will hold hearings on the complaint, but it lacks the means to enforce its decisions. Additionally, the United States, a staunch supporter of Israel, may use its veto power to prevent the court from imposing sanctions through the UN Security Council.
The Unfounded Claim
The United States State Department has dismissed the complaint as "unfounded" and politically motivated. Still, the initial measures taken by the court could still hold symbolic importance.
The Genocide Allegations
The complaint accuses Israel of three crimes that could be legally classified as genocide: immediate cessation of military attacks, prevention of harm to Palestinians, and improvement of living conditions in Gaza. South Africa argues that these crimes were committed with the intention of eliminating Palestinians in Gaza.
Dehumanization
The complaint highlights "dehumanizing" statements made by Israeli officials, including the Prime Minister and Defense Minister. These statements, which carry genocidal overtones, have not been met with punishment, strengthening South Africa's arguments.
The Demands
South Africa demands that Gaza residents receive unrestricted humanitarian aid and that experts from the United Nations and the International Criminal Court be allowed to enter Gaza. These demands aim to alleviate the suffering of Palestinians and ensure accountability for potential crimes.
The Legal Process
The judges in The Hague are not bound by the measures requested by South Africa, but they may choose to accept or reject them. The deliberations in this type of case are usually quick, as seen in a previous order issued against Russia following a complaint by Ukraine.
International Support
While no country has officially joined South Africa in its complaint, several countries, including Algeria, Bolivia, and Brazil, have denounced the alleged genocide. Even within Israel, some individuals, including a member of the Israeli Parliament, have signed the complaint.
Israeli Concerns
Israel has not boycotted the court this time and has appointed a respected former President of the Supreme Court as a special judge. However, Israeli officials, including President Isaac Herzog, have expressed growing concern, especially after making statements that South Africa considers incitement to genocide.
Israel's Defense
Accusing Israel of violating a treaty that was established in response to Nazi crimes is a serious matter. Israel is preparing to prove that South Africa is using international law for political purposes, especially since South Africa faced criticism from another court in The Hague in 2017 for refusing to arrest a former Sudanese President accused of genocide.
Source: Lotan + Le Monde
