This briefing session will explore the potential implications of South Africa’s case before the International Court of Justice for the ongoing military conflict in Gaza.
- Date
- Friday 12 Jan 2024, 16:00 - 17:30
- Type
- General
- Spoken Language
- English
- Room
- Aula B and via Livestream
- Location
- International Institute of Social Studies
- Ticket information
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In this briefing session, which will involve experts of international law, human rights, and legal mobilization, the panelists will explore the potential implications of South Africa’s case for the ongoing military conflict in Gaza, in terms of a ceasefire, the provision of humanitarian assistance and accountability questions, including from the perspective of human rights organizations who are working on the ground in the West Bank and Gaza.
Speakers
Panelists
- Dr Giulia Pinzauti, Assistant Professor of International Law and Researcher at the Grotius Centre for International Legal Studies, Leiden University, The Netherlands
- Ms Sahar Francis, General Director, Addameer Prisoner Support and Human Rights Association, Palestine
- Ms Katherine Gallagher, Attorney with the Center for Constitutional Rights, New York City, USA
- Mr Raji Sourani, Attorney, Director of the Palestinian Centre for Human Rights in Gaza and Commissioner of the International Commission of Jurists, Palestine
Convenors
- Dr Jeff Handmaker - Associate Professor of Legal Sociology at ISS and the University of Witwatersrand School of Law (South Africa)
- Professor Karin Arts - Professor of International Law and Development and Vice-Dean at ISS
Follow the briefing session via ISS Livestream
Background
On 3 January 2024, the International Court of Justice (ICJ) in The Hague announced that the Republic of South Africa had filed proceedings against the State of Israel based on the Genocide Convention. This is in relation to a massive armed conflict that erupted in October 2023 in the territory of Gaza that has been continually occupied by Israel since 1967. The massive destruction of the territory and accompanying humanitarian disaster have been overwhelming. According to a 7 January 2024 Situation Report by the United Nations Office for the Coordination of Humanitarian Affairs, 22,835 Palestinians have been killed in Gaza since October 2023, particularly women and children and nearly 1.9 million people forcibly displaced.
South Africa’s application has been supported by numerous states, including Jordan, Turkey and Bolivia. South Africa is also supported by more than 100 global rights organizations and a petition signed by more than 180.000 people.
In its filing to the ICJ, South Africa is requesting so-called 'provisional measures'. More specifically, South Africa is calling on the Court to indicate that Israel 'shall immediately suspend its military operations in and against Gaza'. In other words, the Republic of South Africa requests an immediate ceasefire in Gaza, which the majority of states have already demanded in a resolution adopted by the United Nations General Assembly during an Emergency Special Session on 12 December 2023.
Public hearings
The revised/extended public hearings, which will be livestreamed on the Court’s website and on UN Web TV, will take place on:
- Thursday 11 January 2024 10 hrs – 13 hrs: Oral argument (South Africa)
- Friday 12 January 2024 10 hrs – 13 hrs: Oral argument (Israel)
Previous genocide cases before the ICJ
This is not the first time that the ICJ has been seized to address the matter of genocide. At present, two other cases concerning genocide allegations are pending at the ICJ. These involve the situations in Myanmar and Ukraine. Previously, in 1996, the ICJ ruled in relation to a genocide case concerning Bosnia. In a 2002 case the ICJ issued provisional measures in relation to armed conflict in the Congo, including alleged violations of the Genocide Convention.
