Hearing begins at Hague on case against Israel for 'genocide' in Gaza

Colombia and Brazil have expressed their support for South Africa

World Court Israel Palestinians South Africa Pro-Palestinian supporters picket outside the High Court in Cape Town, South Africa | AP

The UN's International Court of Justice at Hague will begin on Thursday hearing the case by South Africa accusing Israel of genocide against Palestinians in Gaza. Pretoria argues that Israel violated the 1948 Genocide Convention. 

The court, also known as the World Court, will deal exclusively with South Africa's request for an emergency order asking Israel to suspend military action in Gaza. Colombia and Brazil too expressed their support of South Africa late on Wednesday.

Pretoria alleges that Israel's actions are intended to bring about the destruction of a substantial part of the Palestinian national, racial and ethnic group. In the evidence submission, South Africa alleges that Israel's actions include killing Palestinians in Gaza, causing them serious bodily and mental harm, and inflicting on them conditions of life calculated to bring about their physical destruction". It calls for "provisional measures" to be implemented by the court, including that Israel cease all military activities in Gaza. 

Israel has denied the allegations with Israeli President Isaac Herzog calling the accusations atrocious and preposterous. "The State of Israel will appear before the International Court of Justice to dispel South Africa's absurd blood libel, as Pretoria gives political and legal cover to the Hamas rapist regime," said Israeli government spokesperson Eylon Levy. 

"We will be in the International Court of Justice and we will present proudly our case of using self-defence… under humanitarian law," he said.

Though the final ruling on whether Israel was committing genocide could take years, the World Court based in Hague could rule quickly on South Africa's request for Israel to suspend its military campaign. Though the ICJ rulings are theoretically legally binding on both countries, they are not enforceable. 

South Africa has always been supportive of the Palestine cause, drawing parallels with its struggle against apartheid - a policy of racial segregation and discrimination.

As for the US, it rejects South Africa's genocide claims, while urging Israel to do more to protect Palestinian civilians. "Allegations that Israel is committing genocide are unfounded," State Department spokesperson Matt Miller said in a statement. "In fact, it is those who are violently attacking Israel who continue to openly call for the annihilation of Israel and the mass murder of Jews." 

"Miller defended Israel's "right to defend itself against Hamas terrorist acts" while adding that Israel must "comply with international humanitarian law" and "look for more ways to prevent civilian harm and to investigate credible allegations of violations of international humanitarian law when they arise.

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