About the Genocide Hearing at ICJ

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Today is the anniversary of the hearing to determine if Israel conducted genocide against the Palestinian people in 2023 and 2024. 

In a significant development in international law, the International Court of Justice (ICJ), located at the Peace Palace in The Hague, will conduct public hearings on January 11 and 12, 2024, in answer to the proceedings instituted by South Africa against Israel on December 29, 2023, concerning alleged violations of the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention).

The heart of South Africa's Application is a request to indicate provisional measures. This request aims to prevent "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 same Convention. South Africa presents its oral argument on January 11, with Israel responding on January 12. Each country will have two hours.

The ICJ, established in June 1945 and starting its activities in April 1946, is the principal judicial organ of the United Nations. Composed of 15 judges elected for a nine-year term by the UN General Assembly and the Security Council, the Court's primary roles are to settle legal disputes submitted by States and provide advisory opinions on legal questions referred by authorized United Nations organs and agencies.

This case marks a pivotal moment in applying international law, especially concerning the Genocide Convention. The world's eyes will be on The Hague as these proceedings unfold, potentially setting a precedent in international legal standards and state accountability.

The application submitted by South Africa asserts the state of Israel is currently conducting genocide against the people of Palestine and that it is committing acts against the Palestinian people that it characterizes as genocidal. The application explicitly addresses actions by the Israeli government and military in response to attacks that occurred in Israel on October 7, 2023.

South Africa, while condemning all violations of international law, including attacks on Israeli civilians and hostage-taking by Hamas and other Palestinian armed groups, maintains that such events do not justify or excuse breaches of the 1948 Genocide Convention. The application argues that Israel's actions in the Gaza Strip seek the destruction of a substantial part of the Palestinian population, which constitutes a distinct national, racial, and ethnical group.

The alleged genocidal acts include:

• Killings.
• Causing serious bodily and mental harm to Palestinians in Gaza.
• Creating conditions of life that could lead to their physical destruction.

South Africa accuses Israel of not only failing to prevent genocide but also actively committing it, thereby violating the Genocide Convention. The application also notes Israel's failure to prevent or punish incitement to genocide by senior officials and others, highlighting a breach of fundamental obligations under the Genocide Convention.

Another key assertion in the application is the context of the ongoing actions against the Palestinians by the state of Israel. The South Africans note that this is not a one-off event. Rather, it is part of 75 years of increasing repression, subjugation, attacks, and imprisonment of a people due to their religion.

CONSEQUENCES OF A FINDING OF GENOCIDE 

Should the Court produce a finding of genocide, all signatories to The Convention on the Prevention and Punishment of the Crime of Genocide, including the United States, which is currently aiding and abetting Israel's actions, and the state of Israel are duty-bound to stop the action by any means. It will mean several leaders in Israel who have actively promoted genocide can be prosecuted for their crimes and prevented from traveling to many nations. The nation-state itself will forever be associated with genocide.

The term genocide was coined during WWII to describe the wholesale destruction of Jewish, Romani, and other peoples by the Third Reich through the holocaust. The Convention was created and agreed to by 154 nations to ensure such wholesale murder never occurs again. Genocide is the highest crime any country or individual can be accused of. It is the worst of the worst.