Crimes of genocide in Gaza 'more than obvious': legal experts

The International Court of Justice (ICJ) in The Hague will hear evidence from a South African legal team in a case accusing Israel of genocide and violation of the UN's Genocide Convention with its actions in Gaza.

The 84-page filing by South Africa institutes proceedings against the Israeli state before the ICJ, "concerning alleged violations by Israel of its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide (the 1948 Genocide Convention) in relation to Palestinians in the Gaza Strip."

The application says "acts and omissions by Israel … are genocidal in character, as they are committed with the requisite specific intent … to destroy Palestinians in Gaza as a part of the broader Palestinian national, racial and ethnical group."

It adds that "the conduct of Israel — through its State organs, State agents, and other persons and entities acting on its instructions or under its direction, control or influence — in relation to Palestinians in Gaza, is in violation of its obligations under the Genocide Convention."

The document further states that "Israel, since 7 October 2023 in particular, has failed to prevent genocide and has failed to prosecute the direct and public incitement to genocide" and that "Israel has engaged in, is engaging in and risks further engaging in genocidal acts against the Palestinian people in Gaza."

The hearing starts on Thursday morning with oral statements from the South African legal team and will continue with Israel's arguments the next day.

'Protect' Palestinians against further harm

South Africa has requested the ICJ for provisional measures in order to "protect against further, severe and irreparable harm to the rights of the Palestinian people under the Genocide Convention" and "to ensure Israel's compliance with its obligations under the Genocide Convention not to engage in genocide, and to prevent and to punish genocide."

The Hague-based ICJ is the principal judicial organ of the United Nations, established in 1945.

It is composed of 15 judges who are elected for a nine-year term by the UN General Assembly and the UN Security Council.

The court has a role to settle, in accordance with international law, legal disputes submitted to it by states, and to give advisory opinions on legal questions referred to it by duly authorised UN organs and agencies of the system.

Increasing international pressure

Dimitris Kaltsonis, a professor of state theory and law at Panteion University in Athens, believes the importance of the appeal is mostly "symbolic."

Referring to Israeli actions in Gaza, he told Anadolu that "violations of international law and the commission of the crime of genocide are more than obvious."

"The most important thing is to increase the pressure of international public opinion and popular movements on the governments that support Israeli aggression," he said.

"This will perhaps force the governments to reduce their military and economic support to Israel."

Death and destruction in Gaza

Israel has been heavily criticised by the international community for its indiscriminate attacks and military actions in Gaza, which many experts and rights groups have said amount to collective punishment.

Israel has pounded Gaza since a cross-border attack by the Palestinian group Hamas on October 7, killing more than 23,300 Palestinians, mostly women and children, and injuring over 59,400 others, according to the latest figures, while nearly 1,200 Israelis are believed to have been killed in the Hamas attack.

About 85% of Palestinians in Gaza have been displaced, while all of the population is food insecure, according to the UN.

Hundreds of thousands of people are living without shelter, and ⁠less than half of the aid trucks are entering the territory than before the start of the conflict.

According to Balakrishnan Rajagopal, UN special rapporteur on the right to housing, some 56% of houses in Gaza have been destroyed or damaged.

"Northern Gaza is most heavily affected with up to 82% destroyed or damaged," Rajagopal said on X on Wednesday, urging the ICJ to "consider this as evidence of genocide when coupled with public statements documented before it by South Africa."

Recent comments from far-right Israeli ministers that Palestinians should leave Gaza have also drawn vehement criticism around the world, which is one of the arguments that will be presented by South Africa in The Hague.

As global calls for a ceasefire grow, several countries have welcomed the case including Türkiye, Jordan, Malaysia, Pakistan, Bolivia, Venezuela, Colombia and Brazil, as well as the Organization of Islamic Countries and the Arab League.