What chance does South Africa’s genocide case against Israel have at the International Court of Justice?

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Palestinian women mourn their relatives who were killed in an overnight Israeli strike on the Al-Maghazi refugee camp in the central Gaza Strip on December 24, 2023. Israel is now facing a case of genocide at the UN’s top judicial agency over its indiscriminate strikes on Palestinian civilian centers in Gaza. (AFP)
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Indiscriminate shellings and bombings by Israeli defense forces have killed more than 20,000 people in Gaza and displaced hundreds of thousands more from their homes. (AFP)
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Updated 05 January 2024
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What chance does South Africa’s genocide case against Israel have at the International Court of Justice?

  • The South African government has accused Israel of breaching its obligations under the Genocide Convention
  • If the court finds there is a “plausible risk” of Israel committing genocidal acts in Gaza, pressure will grow for a ceasefire

LONDON: South Africa’s decision to bring a case against Israel at the UN’s top judicial agency over what it describes as “genocidal acts” in Gaza represents a watershed moment for international law, according to experts.

The International Court of Justice confirmed it has received an 84-page suit, filed on Dec. 29, detailing purported brutal practices in breach of Israel’s obligations under the Genocide Convention, and said a hearing will take place on Jan. 11 and 12.

Michelle Kelsall, a senior lecturer in international law at the SOAS University of London and co-director of the Centre for Human Rights Law, said an ICJ ruling that finds there is a “plausible risk” of Israel committing genocidal acts would mark an important development in the push for a ceasefire agreement.




South African President Cyril Ramaphosa, shown in this September 19, 2023, photo at the UN General Assembly, has accused Israel ofthe crime of genocide against Palestinians in Gaza. (AFP)

“If the court does determine that there is a plausible risk to genocidal acts being committed, it may order provisional measures in line with what South Africa is requesting, which would be in keeping with recent case law determined by the court,” Kelsall told Arab News.

“Notably, it does not need to determine if Israel is committing genocidal acts in order for the obligation to prevent to be invoked, or to order provisional measures. It is sufficient that a plausible risk of genocide occurring has been proven, based on the evidence presented.”

Such evidence includes not only mass casualties, which now exceed 22,000 according to the Hamas-run health ministry in Gaza, but impediments to births through damage to essential health services, the destruction of homes, blockades preventing the provision of food, water and medical assistance, and widespread expulsions and displacement of Gazans.

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These actions, the suit argues, can only be read as being “intended to bring about destruction (of Palestinians) as a group,” in violation of the 1948 convention’s definition of genocide as “acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group.”

Furthermore, the suit argues that statements by Israeli officials, including embattled Prime Minister Benjamin Netanyahu, demonstrate the “genocidal intent” necessary to prove a claim of genocide.

Cited evidence of this includes Netanyahu’s comparison of Palestinians to the biblical story of the Amalek nation, which God ordered Israelites to destroy, and his assertion on Dec. 26 that the fighting would be “deepened” despite the high civilian death toll.




In a sign of utter disregard of Palestinian lives, Israeli Prime Minister Benjamin Netanyahu has warned that the offensive in Gaza would be “deepened” despite the high civilian death toll. (Pool photo via Reuters/File)

Mai El-Sadany, a human rights lawyer and director of the Tahrir Institute for Middle East Policy, recently told Al Jazeera that the South African legal documentation was particularly prescient, given what she described as “heightened disinformation around the war.”

She said the case would have significant implications, adding that the proceedings within the ICJ were “important in slowing the normalization of any mass atrocities committed by Israel.”

El-Sadany added: “They send a message that if a country commits mass atrocities, as Israel is doing, it must expect to be brought before an international court, for its record to be critiqued against international norms, and for its reputation on the international stage to take a hit.”


FASTFACTS

FASTFACTS South Africa’s 84-page suit accuses Israel of breaching the Genocide Convention.

The International Court of Justice hearing at the Hague will take place Jan. 11-12.


Kelsall said Israel’s allies might also find themselves in the spotlight, as “the Court stands to make an important pronouncement regarding obligations to prevent genocide more generally, which could have ramifications for states other than South Africa and Israel.”

This, she added, reflects the ICJ’s assertion following the 1995 Bosnian genocide that the obligation to prevent such crimes must take into account the geographical distance of the state concerned from the scene of the crimes, and the strength of political connections and ties of other kinds.

“While South Africa may have limited capacity to do more than it already has (in requesting provisional measures from the court), several other states, including the US and the UK, may be put on notice of a much more significant obligation to prevent genocide,” said Kelsall.




This picture taken on January 3, 2024 shows a view of buildings destroyed by Israeli bombardment in the central Gaza Strip amid the ongoing conflict between Israel and the Palestinian militant group Hamas. (AFP)

Israel’s Foreign Ministry condemned the filing of the case as “despicable and contemptuous exploitation” of the ICJ, and accused the South African government of “blood libel” and being “criminally complicit” in the Oct. 7 attacks by Hamas on Israel.

Nonetheless, Israeli officials appear to be taking the move seriously. The government’s spokesperson, Eylon Levy, confirmed it would defend its practices at the court in The Hague, with American lawyer Alan Dershowitz reportedly in line to lead the defense.

This is in itself an indication of the potential ramifications for the Israeli government, with some commentators suggesting the nation might face a bevy of sanctions as domestic pressure forces the hands of allies in London and Washington.

Sarang Shidore, director of the Washington-based Quincy Institute, told Al Jazeera a ruling in favor of South Africa’s case would certainly put pressure on the Biden administration in this presidential election year.

A ruling against Israel could have “implications for the standing of the US,” he said.

“The Biden administration is increasingly vulnerable to domestic opponents of the war and international charges of double standards (but) my sense is that the Biden administration, and some key European allies, will strongly back Israel at the ICJ. We shall see.”

 


At least 13 Palestinians killed in Israeli strikes on Rafah, medical officials say

Updated 29 April 2024
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At least 13 Palestinians killed in Israeli strikes on Rafah, medical officials say

  • The strikes came hours before Egypt was expected to host Hamas leaders to discuss prospects for a ceasefire agreement with Israel
  • Mediators from Qatar and Egypt, backed by the US, have stepped up their efforts to conclude a deal as Israel threatened to invade Rafah

CAIRO: Israeli air strikes on three houses in the southern Gaza city of Rafah killed 13 people and wounded many others, medics said on Monday.

Hamas media outlets put the death toll at 15.
In Gaza City, in the north of the strip, Israeli planes struck two houses, killing and wounding several people, health officials said.
The strikes on Rafah, where over a million people are sheltering from months of Israeli bombardment, came hours before Egypt was expected to host leaders of the Islamist group Hamas to discuss prospects for a ceasefire agreement with Israel.
The war was triggered by an attack by Hamas militants on Israel on Oct. 7, killing 1,200 and taking 253 hostages, according to Israeli tallies.
Israel has vowed to eradicate Hamas, which controls Gaza, in a military operation that has killed more than 34,000 Palestinians, 66 of them in the past 24 hours, according to Gaza's health authorities. The war has displaced most of the 2.3 million population and laid much of the enclave to waste.
On Sunday, Hamas officials said a delegation, led by Khalil Al-Hayya, the group's deputy Gaza chief, would discuss a ceasefire proposal handed by Hamas to mediators from Qatar and Egypt, as well as Israel's response. Mediators, backed by the United States, have stepped up their efforts to conclude a deal as Israel threatened to invade Rafah.
Two Hamas officials who spoke to Reuters did not disclose details of the latest proposals, but a source briefed on the talks told Reuters Hamas is expected to respond to Israel’s latest truce proposal delivered on Saturday.
The source said this included an agreement to accept the release of fewer than 40 hostages in exchange for releasing Palestinians held in Israeli jails and to a second phase of a truce that includes a "period of sustained calm" — Israel’s compromise response to a Hamas demand for a permanent ceasefire.
After the first phase, Israel would allow free movement between south and north Gaza and a partial withdrawal of Israeli troops from Gaza, the source said.
A senior Hamas official told Reuters the Monday talks in Cairo will take place between the Hamas delegation and the Qatari and the Egyptian mediators to discuss remarks the group has made over the Israeli response to its recent proposal.
"Hamas has some questions and inquires over the Israeli response to its proposal, which the movement received from mediators on Friday," the official told Reuters.
Those comments suggested Hamas may not hand an instant response to mediators over Israel's latest proposal.


Displacement of Palestinians from embattled Gaza confronts Egypt with array of challenges 

Updated 29 April 2024
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Displacement of Palestinians from embattled Gaza confronts Egypt with array of challenges 

  • Egyptians feel morally obliged to help Palestinians but wary of a mass influx through Rafah
  • Officials in Cairo see large-scale expulsion by Israel as death knell for Palestinian statehood

CAIRO: More than 1 million Palestinian refugees have found their last refuge in Rafah, Gaza’s southernmost city on the Egyptian border, where they grimly await a widely expected Israeli offensive against Hamas holdouts in the area.

Meanwhile, thousands of Palestinians, many of them with the help of family members already outside Gaza, have managed to cross the border into Egypt, where they remain in a state of limbo, wondering if they will ever return home.

For its part, the Egyptian government faces the prospect of a mass influx of Palestinians from Gaza into Sinai should Israel ignore international appeals to drop its plan to strike Hamas commanders in Rafah.

Egyptians had been sympathetic to the plight of Palestinians, despite their own economic woes. (AFP)

Although the Egyptian public is sympathetic to the Palestinian plight, shouldering the responsibility of hosting refugees from Gaza is fraught with security implications and economic costs, thereby posing a difficult dilemma.

Furthermore, despite taking in refugees from Sudan, Yemen and Syria, the Egyptian government has been cautious about permitting an influx of Palestinians, as officials fear the expulsion of Gazans would destroy any possibility of a future Palestinian state.

“Egypt has reaffirmed and is reiterating its vehement rejection of the forced displacement of the Palestinians and their transfer to Egyptian lands in Sinai,” Abdel Fattah El-Sisi, the Egyptian president, told a peace summit in Cairo last November.

Egypt's President Abdel-Fattah al-Sisi (C) and regional and some Western leaders pose for a family picture during the International Peace Summit near Cairo on October 21, 2023, amid fighting between Israel and the Palestinian group Hamas. (Egyptian Presidency handout photo/AFP)

Such a plan would “mark the last gasp in the liquidation of the Palestinian cause, shatter the dream of an independent Palestinian state, and squander the struggle of the Palestinian people and that of the Arab and Islamic peoples over the course of the Palestinian cause that has endured for 75 years,” he added.

Additionally, if Palestinians now living in Rafah are uprooted by an Israeli military offensive, Egypt would be left to carry the burden of a massive humanitarian crisis, at a time when the country is confronting daunting economic challenges.

Seen on a large screen, Egyptian President Abdel-Fattah El-Sisi (R) welcomes Palestinian Authority President Mahmud Abbas to the International 'Summit for Peace' near Cairo on October 21, 2023. (AFP)

Although Egypt earlier this year landed its largest foreign investment from the UAE, totaling some $35 billion, experts believe that the economic crisis is far from over, with public debt in 2023 totaling more than 90 percent of gross domestic product and the local currency falling 38 percent against the dollar.

Salma Hussein, a senior researcher in economy and public policies in Egypt, believes Egypt is not in the clear yet.

“We are slightly covered but we will need more money flowing in and bigger investments,” she told Arab News. “We also have large sums of debt we need to pay back. The IMF pretty much recycled our debt and we have interest rates to cover.

“In times of political instability, we see a lot of dollars leaving the country in both legal and illegal ways. This happened in 2022 and it also happened during the last presidential elections in 2023.

“I think the same thing will happen again now due to what’s happening in the region. This is all a loss of capital which can affect us.”

Displaced Palestinian children chat with an Egyptian soldier standing guard behind the fence between Egypt and Rafah in the southern Gaza Strip on April 26, 2024. (AFP)

She is confident foreign assistance will be offered. And although the cost of hosting refugees will be high, there are many economic benefits to be had from absorbing another population — even for the Arab world’s most populous country.

“Egypt is too big to fail,” said Hussein. “There will be a bailout of its economy when it’s in deep trouble. And while investments and loans might not turn into prosperity, they will at least keep the country afloat. This is where we are now.

“As for the presence of a growing number of Palestinian refugees, I don’t think any country in the world had its economy damaged by accepting refugees. On the contrary, it might actually benefit from a new workforce, from educated young people, and from wealthy people who are able to relocate their money to their country of residence.”

FASTFACTS

1.1 million+ Palestinians who have sought refuge in Rafah from fighting elsewhere in Gaza.

14 Children among 18 killed in Israeli strikes on Rafah on April 20.

34,000 Total death toll of Palestinians in Israel-Hamas war since Oct. 7, 2023.

However, it is not just the economic consequences of a Palestinians influx that is unnerving Egyptian officials. This wave of refugees would likely include a substantial number of Hamas members, who might go on to fuel local support for the Muslim Brotherhood.

Hamas shares strong ideological links with the Muslim Brotherhood, which briefly controlled Egypt under the presidency of Mohamed Morsi in 2012-13 and has since been outlawed.

Since Morsi was forced from power, the country has been targeted by Islamist groups, which have launched attacks on Egyptian military bases in the Sinai Peninsula. The government is concerned that these Islamist groups could recruit among displaced Palestinians.

In this photo taken on July 4, 2014, Egyptian supporters of the Muslim Brotherhood movement gather in Cairo mark the first anniversary of the ouster of president Mohamed Morsi. Egyptian authorities are wary of an influx of Palestinian refugees into Egyptian territory as some of them could be Hamas extremists allied with the Brotherhood movement. (AFP/File photo)

The decision might be out of Egypt’s hands, however. Several members of Israeli Prime Minister Benjamin Netanyahu’s right-wing coalition government have publicly called for the displacement and transfer of Palestinians in Gaza into neighboring countries.

Israel’s finance minister, Bezalel Smotrich, previously said that the departure of the Palestinians would make way for “Israelis to make the desert bloom” — meaning the land’s reoccupation by Israeli settlers.

Itamar Ben-Gvir, Israel’s minister of security, also said: “We yelled and we warned, if we don’t want another Oct. 7, we need to return home and control the land.”

Maps showing the changes in Israel's borders since 1947. ( AFP)

Up to 100,000 Palestinians live in Egypt, many of them survivors of the Nakba of 1948 and their descendants. Their numbers steadily rose when Gamal Abdel Nasser came into power in 1954 and permitted Palestinians to live and work in the country.

However, matters changed after the 1973 Arab-Israeli war. Palestinians became foreign nationals, excluded from state services and no longer granted the automatic right to residency.

The precise number of Palestinians who have arrived in Egypt since the Gaza war began after Oct. 7 has not been officially recorded.

Palestinians and dual nationality holders fleeing from Gaza arrive on the Egyptian side of the Rafah border crossing with the Gaza Strip on December 5, 2023, amid an Israeli offensive on the Palestinian enclave. (AFP)

Those who have made it to Egypt, where they are hosted by sympathetic Egyptian families, fear they will be permanently displaced if Israel does not allow them back into Gaza. Many now struggle financially, having lost their homes and livelihoods during the war.

For host families, this act of charity is an additional burden on their own stretched finances. “We feel for the Palestinians but our hands are tied,” one Egyptian host in Cairo, who asked to remain anonymous, told Arab News.

“I am struggling financially myself, but I cannot bring myself to ask for rent from a man who lost his entire family and now lives with his sole surviving daughters.”

On the Egyptian side of the Rafah border crossing, trucks carrying aid and consumer goods are idling in queues stretching for miles, waiting for Israeli forces to permit entry and the distribution of vital cargo.

Many of the Egyptian truckers waiting at the border are paid to do so by the state. “We get salaries from the government and they provide us with basic food and water as we wait here,” one driver told Arab News on condition of anonymity.

Trucks with humanitarian aid wait to enter the Palestinian side of Rafah on the Egyptian border with the Gaza Strip. (AFP)

Israel has been limiting the flow of aid into Gaza since the war began, leading to shortages of essentials in the embattled enclave. Although Israel and Washington say the amount of aid permitted to enter has increased, UN agencies claim it is still well below what is needed.

Meanwhile, the truck drivers are forced to wait, many of them sleeping in their cabs or carrying makeshift beds with them. “I’d do this with or without a salary,” the trucker said. “Those are our brothers and sisters who are starving and dying.”

With events in Gaza out of their control, all Egyptians feel they can do is help in whatever small way they can — and hope that the war ends soon without a Palestinian exodus.

“It is unfathomable to me that we are carrying life-saving equipment and food literally just hours away from a people subjected to a genocide, and there are yet no orders to enter Gaza through the border,” the truck driver said.

“It shames me. I park here and I wait, and continue to wait. I will not leave until I unburden this load, which has become a moral duty now more than anything.”
 

 


Biden and Netanyahu speak as pressure on Israel’s planned Rafah attack increases

Updated 28 April 2024
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Biden and Netanyahu speak as pressure on Israel’s planned Rafah attack increases

TEL AVIV, Israel: The White House on Sunday said US President Joe Biden had again spoken with Israeli Prime Minister Benjamin Netanyahu as pressure builds on Israel and Hamas to reach a deal that would free some Israeli hostages and bring a ceasefire in the nearly seven-month-long war in Gaza.
The White House said that Biden reiterated his “clear position” as Israel plans to invade Gaza’s southernmost city of Rafah despite global concern for more than 1 million Palestinians sheltering there. The US opposes the invasion on humanitarian grounds, straining relations between the allies. Israel is among the countries US Secretary of State Antony Blinken will visit as he returns to the Middle East on Monday.
Biden also stressed that progress in delivery of humanitarian aid to Gaza be “sustained and enhanced,” according to the statement. The call lasted just under an hour, and they agreed the onus remains on Hamas to accept the latest offer in negotiations, according to a US official who spoke on condition of anonymity because the official wasn’t authorized to comment publicly. There was no comment from Netanyahu’s office.
A senior official from key intermediary Qatar, meanwhile, urged Israel and Hamas to show “more commitment and more seriousness” in negotiations. Qatar, which hosts Hamas’ headquarters in Doha, was instrumental along with the US and Egypt in helping negotiate a brief halt to the fighting in November that led to the release of dozens of hostages. But in a sign of frustration, Qatar this month said that it was reassessing its role.
An Israeli delegation is expected in Egypt in the coming days to discuss the latest proposals in negotiations, and senior Hamas official Basem Naim said in a message to The Associated Press that a delegation from the militant group will also head to Cairo. Egypt’s state-owned Al Qahera News satellite television channel said that the delegation would arrive on Monday.
The comments by Qatar’s Foreign Ministry spokesperson Majed Al-Ansari in interviews with the liberal daily Haaretz and Israeli public broadcaster Kan were published and aired Saturday evening.
Al-Ansari expressed disappointment with Hamas and Israel, saying each side has made decisions based on political interests and not with civilians’ welfare in mind. He didn’t reveal details on the talks other than to say they have “effectively stopped,” with “both sides entrenched in their positions.”
Al-Ansari’s remarks came after an Egyptian delegation discussed with Israeli officials a “new vision” for a prolonged ceasefire in Gaza, according to an Egyptian official, who spoke on condition of anonymity to freely discuss developments.
The Egyptian official said that Israeli officials are open to discussing establishing a permanent ceasefire in Gaza as part of the second phase of a deal. Israel has refused to end the war until it defeats Hamas.
The second phase would start after the release of civilian and sick hostages, and would include negotiating the release of soldiers, the official added. Senior Palestinian prisoners would be released and a reconstruction process launched.
Negotiations earlier this month centered on a six-week ceasefire proposal and the release of 40 civilian and sick hostages held by Hamas in exchange for freeing hundreds of Palestinian prisoners in Israeli jails.
A letter written by Biden and 17 other world leaders urged Hamas to release their citizens immediately. In recent days, Hamas has released new videos of three hostages, an apparent push for Israel to make concessions.
The growing pressure for Hamas and Israel to reach a ceasefire deal is also meant to avert an Israeli attack on Rafah, the city on the border with Egypt where more than half of Gaza’s 2.3 million population is seeking shelter. Israel has massed dozens of tanks and armored vehicles. The planned incursion has raised global alarm.
“Only a small strike is all it takes to force everyone to leave Palestine,” Palestinian President Mahmoud Abbas asserted to the opening session of the World Economic Forum in Saudi Arabia, adding that he believed an invasion would happen within days.
But White House national security spokesman John Kirby told ABC that Israel “assured us they won’t go into Rafah until we’ve had a chance to really share our perspectives and concerns with them. So, we’ll see where that goes.”
The Israeli troop buildup may also be a pressure tactic on Hamas in talks. Israel sees Rafah as Hamas’ last major stronghold. It vows to destroy the group’s military and governing capabilities.
Aid groups have warned that an invasion of Rafah would worsen the already desperate humanitarian situation in Gaza, where hunger is widespread. About 400 tons of aid arrived Sunday at the Israeli port of Ashdod — the largest shipment yet by sea via Cyprus — according to the United Arab Emirates. It wasn’t immediately clear how or when it would be delivered into Gaza.
Also on Sunday, World Central Kitchen said that it would resume operations in Gaza on Monday, ending a four-week suspension after Israeli military drones killed seven of its aid workers. The organization has 276 trucks ready to enter through the Rafah crossing and will also send trucks into Gaza from Jordan, a statement said. It’s also examining if the Ashdod port can be used to offload supplies.
The war was sparked by Hamas’ attack on Oct. 7 into southern Israel, which killed 1,200 people, mostly civilians, according to Israeli authorities, who say another 250 people were taken hostage. Hamas and other groups are holding about 130 people, including the remains of about 30, Israeli authorities say.
Israel’s retaliatory assault on Hamas has killed more than 34,000 people, most of them women and children, according to health authorities in Gaza, who do not distinguish between civilians and combatants in their tally.
The Israeli military blames Hamas for civilian casualties, accusing it of embedding in residential and public areas. It says it has killed at least 12,000 militants, without providing evidence.


UAE field hospital in Gaza provides prosthetics for wounded Palestinians

Updated 29 April 2024
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UAE field hospital in Gaza provides prosthetics for wounded Palestinians

  • The hospital revealed plans to distribute 61 prosthetics to wounded people over several phases

RIYADH: A UAE field hospital in Gaza has begun providing prosthetics for Palestinians who lost limbs during Israel’s war on the enclave, Emirates News Agency reported on Sunday.

There will be 61 prosthetics provided in addition to physical and psychological rehabilitation.

Established last December, the UAE field hospital in Gaza has a 200-bed capacity and operates with a medical team of 98 volunteers from 23 countries, including 73 men and 25 women.

The hospital has conducted 1,517 major and minor surgeries for 18,000 people.

Services include first aid, intensive care and ongoing medical consultations and support.


Blinken to visit Israel, Jordan on new Mideast trip

Updated 28 April 2024
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Blinken to visit Israel, Jordan on new Mideast trip

SHANNON, Ireland: US Secretary of State Antony Blinken will visit Israel and Jordan on a trip through Wednesday, the State Department announced, after the US and Israeli leaders discussed hostage-release talks.
Blinken will travel to both countries, a State Department official confirmed as the top US diplomat refueled Sunday in Ireland.
The trip was announced after President Joe Biden and Israeli Prime Minister Benjamin Netanyahu spoke by telephone about ongoing talks to halt Israel’s offensive in the Gaza Strip in return for the release of hostages.
Egypt, Qatar and the United States have been trying to mediate a new truce between Israel and Hamas for months, as public pressure mounts for a deal.
Biden also reiterated concerns about Israel launching an operation in Rafah, the southern Gaza city where more than one million Palestinians have taken shelter.
The State Department did not immediately announce details of the two stops.