[News] South Africa Institutes Proceedings Against The State Of Israel

[Anti-Imperialist News]

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South Africa Institutes Proceedings Against The State Of Israel
By the International Court of Justice.
December 29, 2023
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[image:
2023-11-01T134508Z_1207619504_RC2A44ABEXFK_RTRMADP_3_ISRAEL-PALESTINIANS-SAFRICA-1024x683-1.jpg]

Above photo: Demonstrators show support of Palestinians as they march to
the Cape Town City Hall in Cape Town, South Africa November 1, 2023. Nic
Bothma/Reuters.
And requests the Court to indicate provisional measures.

The Hague, December 29, 2023 – South Africa today filed an application
instituting proceedings against Israel before the International Court of
Justice (ICJ), the principal judicial organ of the United Nations,
concerning alleged violations by Israel of its obligations under the
Convention on the Prevention and Punishment of the Crime of Genocide (the
“Genocide Convention”) in relation to Palestinians in the Gaza Strip.

According to the Application, “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” and 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 Applicant 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”.

South Africa seeks to found the Court’s jurisdiction on Article 36,
paragraph 1, of the Statute of the Court and on Article IX of the Genocide
Convention, to which both South Africa and Israel are parties.

The Application also contains a Request for the indication of provisional
measures, pursuant to Article 41 of the Statute of the Court and Articles
73, 74 and 75 of the Rules of Court. The Applicant requests the Court to
indicate 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”.

Pursuant to Article 74 of the Rules of Court, “[a] request for the
indication of provisional measures shall have priority over all other
cases”.

The International Court of Justice (ICJ) is the principal judicial organ of
the United Nations. It was established by the United Nations Charter in
June 1945 and began its activities in April 1946. The Court is composed of
15 judges elected for a nine-year term by the General Assembly and the
Security Council of the United Nations. The seat of the Court is at the
Peace Palace in The Hague (Netherlands). The Court has a twofold role:
first, to settle, in accordance with international law, legal disputes
submitted to it by States; and, second, to give advisory opinions on legal
questions referred to it by duly authorized United Nations organs and
agencies of the system.
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