https://www.iss.nl/en/events/gaza-icj-briefing-session-2024-01-12
In this briefing session, which will involve experts of international law, human rights, and legal mobilization, the panelists will explore the potential implications of South Africa’s case for the ongoing military conflict in Gaza, in terms of a ceasefire, the provision of humanitarian assistance and accountability questions, including from the perspective of human rights organizations who are working on the ground in the West Bank and Gaza.
Speakers
Panelists
- Dr Giulia Pinzauti , Assistant Professor of International Law and Researcher at the Grotius Centre for International Legal Studies, Leiden University, The Netherlands
- Ms Sahar Francis , General Director, Addameer Prisoner Support and Human Rights Association, Palestine
- Ms Katherine Gallagher , Attorney with the Center for Constitutional Rights, New York City, USA
- Mr Raji Sourani , Attorney, Director of the Palestinian Centre for Human Rights in Gaza and Commissioner of the International Commission of Jurists, Palestine
Convenors
- Dr Jeff Handmaker - Associate Professor of Legal Sociology at ISS and the University of Witwatersrand School of Law (South Africa)
- Professor Karin Arts - Professor of International Law and Development and Vice-Dean at ISS
Background
On 3 January 2024, the International Court of Justice (ICJ) in The Hague announced Opens external that the Republic of South Africa had filed proceedingsOpens external against the State of Israel based on the Genocide Convention. This is in relation to a massive armed conflict that erupted in October 2023 in the territory of Gaza that has been continually occupied by Israel since 1967Opens external. The massive destructionOpens external of the territory and accompanying humanitarian disasterOpens external have been overwhelming. According to a 7 January 2024 Situation ReportOpens external by the United Nations Office for the Coordination of Humanitarian Affairs, 22,835 Palestinians have been killed in Gaza since October 2023, particularly women and children and nearly 1.9 million people forcibly displaced.
South Africa’s application has been supported by numerous states, including Jordan, Turkey and Bolivia. South Africa is also supported by more than 100 global rights organizationsOpens external and a petitionOpens external signed by more than 180.000 people.
In its filing to the ICJ, South Africa is requesting so-called 'provisional measures'. More specifically, South Africa is calling on the Court to indicate that Israel 'shall immediately suspend its military operations in and against Gaza'. In other words, the Republic of South Africa requests an immediate ceasefire in Gaza, which the majority of states have already demanded in a resolutionOpens external adopted by the United Nations General Assembly during an Emergency Special Session on 12 December 2023Opens external.
Public hearings
The revised/extended public hearings, which will be livestreamed on the Court’s websiteOpens external and on UN Web TVOpens external, will take place on:
- Thursday 11 January 2024 10 hrs – 13 hrs: Oral argument (South Africa)
- Friday 12 January 2024 10 hrs – 13 hrs: Oral argument (Israel)
Previous genocide cases before the ICJ
This is not the first time that the ICJ has been seized to address the matter of genocide. At present, two other cases concerning genocide allegations are pending at the ICJ. These involve the situations in MyanmarOpens external and UkraineOpens external. Previously, in 1996, the ICJ ruled in relation to a genocide case concerning BosniaOpens external. In a 2002 case the ICJ issued provisional measures in relation to armed conflict in the CongoOpens external, including alleged violations of the Genocide Convention.
