South Africa’s Ambassador to the Netherlands, Vusimuzi Madonsela, has called on all countries to testify in the case that his nation has filed at the International Court of Justice to punish Israel for the crime of “genocide.”
Madonsela told Anadolu Agency, “What Israel is committing in the occupied Palestinian territories is a worse version of what we experienced under the apartheid regime.” Therefore, South Africa considers filing a lawsuit against Israel at the International Court of Justice as “a duty towards its people and the international community to ensure that Israel is held accountable for its actions.”
He expects the court to declare Israel’s ongoing occupation of Palestinian territories illegal and that it must end. Following this, the matter will be referred to the United Nations General Assembly to decide how to proceed with the removal of apartheid in the Palestinian territories, guided by the court’s decisions.
South Africa filed a lawsuit against Israel at the International Court of Justice (ICJ) on 29 December 2023, accusing Israel of committing “genocide” in Gaza. The case, which is based on allegations related to Israel’s actions in Gaza, seeks to invoke the 1948 Genocide Convention, to which both South Africa and Israel are signatories. This legal action stems from the broader context of the conflict following the Hamas-led attack on Israel in 2023, which has resulted in significant human and material losses on both sides.
The ICJ held public hearings on 11 and 12 January 2024 to discuss South Africa’s request for provisional measures of protection. During these hearings, both countries presented their legal teams, with notable figures such as Malcolm Shaw and Tal Becker representing Israel, and John Dugard and Adila Hassim among those representing South Africa. The Court’s decision on provisional measures, issued on 26 January 2024, ordered Israel to take measures to prevent any acts that could be considered genocidal under the Genocide Convention. However, the Court did not mandate Israel to suspend its military campaign in Gaza as requested by South Africa. The ruling was welcomed by both parties, each considering it a victory, although some Israeli ministers and officials criticized the decision, accusing the Court of bias.
The proceedings at the ICJ are distinct from another case concerning Israel and Palestine, which seeks an advisory opinion from the Court on the legal consequences of Israel’s practices and policies in the Occupied Palestinian Territory. This separate case, initiated by a resolution of the UN General Assembly, is set for a public hearing in February 2024.
