On Friday 12 January 2024, 16:00 - 17:30, the International Institute of Social Studies (ISS) hosted a Briefing Session on the potential implications of South Africa’s case before the International Court of Justice for the ongoing military conflict in Gaza.
Four experts of international law, human rights, and legal mobilization discussed South Africa’s case and its implications for ending the ongoing military conflict in Gaza through a ceasefire, the provision of humanitarian assistance and accountability questions. We were particularly grateful to hear the perspectives of Palestinian human rights professionals from NGOs that are working on the ground in the West Bank and Gaza.
Watch the recorded stream
The speakers
Dr Giulia Pinzauti, Assistant Professor of International Law and Researcher at the Grotius Centre for International Legal Studies, Leiden University, The Netherlands summarized the respective arguments that had been posed by the legal teams representing South Africa and Israel and provided some expert reflections.
Ms Sahar Francis, General Director of the award-winning Palestinian NGO Addameer Prisoner Support and Human Rights Association in Palestine addressed the relevance of the ICJ Court proceedings to what has been experienced on the ground in the West Bank and within Israeli detention centres.
Ms Katherine Gallagher, Senior Attorney with the Center for Constitutional Rights in New York City, USA, which recently filed suit against the Biden Administration in the United States for complicity in genocide addressed the potential consequences of the ICJ’s judgement for what may happen at the global level and in relation to third states.
Mr Ahmed Abofoul, Legal Researcher with the award-winning Palestinian NGO Al-Haq Organization, based in Ramallah, Palestine and a Research Fellow of the International Institute of Social Studies addressed the relevance of the ICJ Hearings to what has been experienced on the ground in Gaza.
Moderators
The event was convened and moderated by two ISS researchers:
- Dr Jeff Handmaker, an Associate Professor of Legal Sociology at ISS and at the School of Law at the University of Witwatersrand School of Law in South Africa
- Professor Karin Arts, Chair of International Law and Development and Vice-Dean of Educational Affairs at ISS
Background to the ICJ court proceedings
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.
'Provisional measures'
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.
Genocide cases at 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.
