South Africa's Lawsuit Against Israel and International Justice Resolutions

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Afrasianet - Talk of Israeli pressure on members of the U.S. Congress to pressure South Africa to drop its legal proceedings at the International Court of Justice has brought the case back to the fore.

In late January 2024, the International Justice issued a preliminary verdict in the case, ordering Israel to take all measures within its authority to prevent acts that could fall under the Genocide Convention.

Tel Aviv also ordered the prevention and punishment of genocide, ensuring the flow of humanitarian aid into the Gaza Strip, and preserving evidence of crimes committed in the Strip.

In May, the ICC issued a mandatory order halting the Israeli military operation in Rafah in southern Gaza, but Israel refused to comply.

After South Africa filed the case, several States intervened in the case using a clause in the Statute of the International Court of Justice allowing third parties to join the proceedings.

Nicaragua was the first country to formally apply to the UN Supreme Court on 23 January 2024 for permission to intervene "as a party" in the case, followed by Colombia and Libya.

In late May, Mexico also made a similar request, joined by Chile in early July, and Cuba and Spain joined the previous countries later that month.

On August 7, Turkey formally joined the lawsuit, while the Maldives and Egypt have indicated their intention to join the case as well, along with Ireland and Belgium.

Germany was the only country to have so far pledged to intervene in the ICJ case in support of Israel on January 12, before the court issued its preliminary rulings.

On December 29, 2023, the South African government filed a case against Israel accusing it of genocide in Gaza.

Pretoria relied in particular on evidence that Israel had killed Palestinian civilians in large numbers, destroyed their homes, expelled and displaced them, imposed a blockade on food, water and medical aid in the Strip, and destroyed essential health facilities.

But Israel called South Africa's claim absurd as a "slander", with Prime Minister Benjamin Netanyahu saying the genocide charge against Israel at the International Court of Justice was outrageous and discriminatory against it.

The court had set October 28 as the deadline for Pretoria to present its opinion on the case, while it set July 28, 2025, as the deadline for Israel to present its dissenting view.

 

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