South Africa launches case at top UN court accusing Israel of genocide in Gaza

THE HAGUE, Netherlands (AP) — South Africa launched a case Friday at the United Nations' top court accusing Israel of genocide against Palestinians in Gaza and asking the court to order Israel to halt its attacks — the first such challenge made at the court over the current war.

Israel swiftly rejected the filing "with disgust."

South Africa's submission to the International Court of Justice alleges that "acts and omissions by Israel ... are genocidal in character" as they are committed with the intent "to destroy Palestinians in Gaza" as a part of the broader Palestinian national, racial and ethnic group.

South Africa has been a fierce critic of Israel's military campaign in Gaza.

Many there, including President Cyril Ramaphosa, have compared Israel's policies regarding Palestinians in Gaza and the West Bank with South Africa's past apartheid regime of racial segregation.

Israel rejects such allegations.

South Africa asked The Hague-based court to issue an interim order for Israel to immediately suspend its military operations in Gaza. A hearing into that request is likely in the coming days or weeks. The case, if it goes ahead, will take years, but an interim order could be issued within weeks.

The Israeli government rejected "with disgust" the genocide accusations, calling it a "blood libel." A Foreign Ministry statement said South Africa's case lacks a legal foundation and constitutes a "despicable and contemptuous exploitation" of the court.

Israel also accused South Africa of cooperating with Hamas, the Palestinian militant group behind the deadly October 7 attack in southern Israel that triggered the ongoing war.

The statement also said Israel operates according to international law and focuses its military actions solely against Hamas, adding that the residents of Gaza are not an enemy. It asserted that it takes steps to minimise harm to civilians and to allow humanitarian aid to enter the territory.

South Africa can bring the case under the Genocide Convention because both it and Israel are signatories to it.

Whether the case will succeed in halting the war remains to be seen. While the court's orders are legally binding, they are not always followed. In March 2022, the court ordered Russia to halt hostilities in Ukraine, a binding legal ruling that Moscow flouted as it pressed ahead with its attacks.

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