South Africa took the bold step to bring a case against Israel for the conduct and the intent to commit genocide against the Palestinian people before the International Court of Justice. The extensive legal document asserted that Israel’s conduct towards the people of Gaza is a breach of the 1948 Geneva Conventions regarding genocide. Israeli war operations and the intent voiced by Israel’s leading politicians were given as examples of inciting and not preventing genocide. The concluding request of South Africa’s application to the court asked that Israel immediately cease military operations in Gaza.
In legal terms this case is an evolutionary step forward regardless of outcome. It is one that calls for a legal standing based on human obligations “owed to all”. If granted, it would allow the court to begin to enforce human rights treaties that have long gone unchecked. The Geneva Conventions of 1948 marked the first time nations agreed upon what constitutes genocide. This ruling could finally give power to that understanding.
The International Criminal Court also began investigating Israel’s abuses of international humanitarian law. It does not have jurisdiction over the Geneva Conventions, as does the ICJ. While primarily focused on the warring activities since, October 7, the South African application to the ICJ does not excuse Hamas, but does elaborate on the seventy-five years of apartheid, the fifty–six years of hostile occupation and the sixteen year blockade of Gaza.
Why South Africa? South Africa’s experience of and the dismantling of apartheid gives it unparalleled status to be the convener of this legal remedy. And what is the system of apartheid used in South Africa’s past and by Israel today? When one group of people asserts power over others through unequal treatment under the law, discrimination due to ethnicity, race or religion, and uses brutal military force to maintain control, these are practices of apartheid.
The case before the ICJ began Thursday, January 11. The court may ask Israel to cease the bombardment by Feb 12. Here are the other nations in support of South Africa’s application.
This is an important time to speak out. We have it within our reach to uphold human principles of dignity, preservation of life and the pursuit of peace. Peace will never be achieved through military means.
May the ICJ recognize the case against Israel and act to end the genocide. May our evolution of compassion continue to grow as we realize the power of peace and begin to demand it.
Bernie Sanders calls on Congress to block funding to Israel. Contact your senators and urge them to support Bernie Sanders bill S. Res. 504 on Tuesday, January 16 at 5:30 pm EST.
The flag of South Africa. Honoring their commitment to humanity and human rights.
let kindness win 
Thanks for putting this all together – in this post. I watched the South African arguments in front of the court – so powerful. And I’m making my calls to Congress to block funding to Israel, urging them to support Bernie Sanders bill S. Res. 504
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