UK: South Africa’s ICJ case provocative | Israel’s actions in Gaza not genocidal

The United Kingdom (UK) has faulted South Africa for filing a case against Israel at the International Court of Justice (ICJ) over the war in the Gaza Strip.

South Africa had petitioned the ICJ in December, saying the war between Israel and Hamas, the Palestinian militant group, violates the 1948 genocide convention.

The 1948 treaty defines genocide as “acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group”.

In the application, South Africa stated that the “acts and omissions by Israel” are “genocidal in character because they are intended to bring about the destruction of a substantial part of the Palestinian national, racial and ethnical group”.

In response to the suit, Lior Haiat, Israel’s minister of foreign affairs, said his country “rejects with disgust the blood libel spread by South Africa in its application”.

Haiat said South Africa’s claim lacks factual and legal basis, adding that it constitutes a “despicable and contemptuous exploitation” of the court.

Delivering judgement on Friday, the ICJ ordered Israel to implement measures aimed at preventing genocide and further damage in the Gaza Strip.

Although the court stopped short of issuing a ceasefire, Joan Donoghue, the presiding judge, said Israel must take immediate, effective measures to enable the provision of urgently needed basic services and humanitarian assistance in the enclave.

However, in a statement issued on Saturday, the UK praised the court’s call for the immediate release of hostages and the need to get more aid into Gaza.

“We are clear that an immediate pause is necessary to get aid in and hostages out, and then we want to build towards a sustainable, permanent ceasefire, without a return to the fighting,” the statement reads.

But the UK added that it had concerns about the case, saying it is not helpful in the goal of achieving a sustainable ceasefire.

“Israel has the right to defend itself against Hamas in line with IHL, as we have said from the outset. Our view is that Israel’s actions in Gaza cannot be described as a genocide, which is why we thought South Africa’s decision to bring the case was wrong and provocative,” the statement added.

Donoghue had said the ruling creates international legal obligations for Israel and asked the Jewish nation to report to the court within a month on what it is doing to uphold the order to prevent acts of genocide in Gaza.