What is the genocide case against Israel at top UN court?

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Updated 08 January 2024
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What is the genocide case against Israel at top UN court?

  • The ICJ, also called the World Court, is the highest United Nations legal body deal with disputes between states
  • Both South Africa and Israel are signatories to the 1948 Genocide Convention which gives the ICJ the jurisdiction to rule on disputes over the treaty

THE HAGUE: The International Court of Justice will hold hearings this week on a case brought by South Africa accusing Israel of genocide in the Gaza war and seeking an emergency suspension of its military campaign.

What is the ICJ?
The ICJ, also called the World Court, is the highest United Nations legal body, established in 1945 to deal with disputes between states. It should not be confused with the treaty-based International Criminal Court, also in The Hague, which handles war crimes cases against individuals.
The ICJ’s 15-judge panel — which will be expanded by an additional judge from each side in the Israel case — deals with border disputes and increasingly cases brought by states accusing others of breaking UN treaty obligations.
Both South Africa and Israel are signatories to the 1948 Genocide Convention which gives the ICJ the jurisdiction to rule on disputes over the treaty.
All states that signed the Genocide Convention are obliged not only not to commit genocide, but also to prevent and punish it. The treaty defines genocide as “acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group.”

What is South Africa’s case?
In its 84-page filing South Africa says that by killing Palestinians in Gaza, causing them serious mental and bodily harm and by creating conditions on life “calculated to bring about their physical destruction,” Israel is committing genocide against them.
“The acts are all attributable to Israel, which has failed to prevent genocide and is committing genocide in manifest violation of the Genocide Convention,” the filing says, adding that Israel also failed to curb incitement to genocide by its own officials in violation of the convention.




Israeli soldiers gather with their vehicles at a position on the border with the Gaza Strip on January 7 (AFP)

What is Israel’s response?
Israel has called the claim baseless and a government spokesman accused South Africa of “absurd blood libel” or baseless allegations of Jewish perfidy intended to stir up lethal hatred of Jews.
Israel said it will be in court to present its case next week.

What will happen at the hearings?
The hearings will take place on Jan 11 and 12.
The request for emergency measures is a first step in a case that will take several years to complete. Provisional measures are meant as a kind of restraining order to prevent a dispute from getting worse while the court looks at the full case.
Judges at the ICJ often grant such measures, which generally consist of asking a state to refrain from any action that could aggravate the legal dispute.
For provisional measures the court only has to decide if at first glance, or prima facie, it would have jurisdiction and the acts complained of could fall within the scope of the genocide treaty. Any measures it decides would not necessarily be those requested by the complainant.
South Africa has asked the court to order Israel to suspend its military actions in Gaza, to stop any genocidal acts or take reasonable measures to prevent genocide and issue regular reports to the ICJ about such measures.
The ICJ’s rulings are final and without appeal, but it has no way of enforcing them. A ruling against Israel could hurt its international reputation and set legal precedent.




A displaced Palestinian man reacts as he sits among objects salvaged from a house that was used as a shelter by his extended family members, many of whom were reported killed (AFP)

How long will it be until a final ruling ?
If the court finds it has prima facie jurisdiction, the case will move forward at the ornate Peace Palace in The Hague — even if the judges decide against emergency measures.
Israel would then get another chance to argue the court has no legal grounds to look at South Africa’s claim and to file a so-called preliminary objection — which can only touch on issues of jurisdiction. If the court rejects that objection, the judges could finally look at the case in further public hearings.
It is not unusual for several years to pass between the initial claim and the actual hearing of the case on its merits.


WHO says no medical supplies received in Gaza for 10 days

Updated 18 May 2024
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WHO says no medical supplies received in Gaza for 10 days

GENEVA: The World Health Organization said Friday that it has received no medical supplies in the Gaza Strip for 10 days as Israel pursues a new offensive against Hamas.
Israel’s closure of the Rafah crossing into Gaza has caused “a difficult situation,” WHO spokesman Tarik Jasarevic said. “The last medical supplies that we got in Gaza was before May 6.”
Israeli troops entered the city of Rafah on May 7 to extend their offensive against Hamas over the militant group’s attacks seven months earlier. They closed the Rafah crossing into Egypt that is crucial for humanitarian supplies.
With UN agencies warning of a growing risk of famine in Gaza, the Kerem Shalom and Erez crossings from Israel are also virtually shut down.
Jasarevic said the biggest concern was over fuel needed to keep clinics and hospitals running. Gaza’s health facilities need up to 1.8 million liters of fuel a month to keep operating.
The spokesman said only 159,000 liters had entered Rafah since the border closure. “This is clearly not sufficient,” he added, highlighting how only 13 out of 36 hospitals across the Palestinian territory were now “partially” operating.
“Hospitals still functioning are running out of fuel, and that puts so many lives at danger,” said Jasarevic. “Current military operations in Rafah are putting countless lives at risk.”
The Hamas attack on October 7 resulted in the death of more than 1,170 people in Israel, most of them civilians, according to an AFP tally based on official Israeli figures. Out of 252 people taken hostage, 128 are still held inside Gaza, but the army says 38 have died.
More than 35,300 people, mostly civilians, have been killed in the Palestinian territory since the war broke out, according to data provided by the health ministry of Hamas-run Gaza.


Hezbollah uses new weapons in Israel attacks

Updated 18 May 2024
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Hezbollah uses new weapons in Israel attacks

  • The Israeli army said three soldiers were wounded in an attack on Thursday
  • Hezbollah has a large arsenal of weapons, that it has expanded significantly in recent years

BEIRUT: Lebanon’s powerful armed group Hezbollah announced on Thursday it had used a drone capable of firing rockets at a military position in one of its latest attacks in northern Israel.
Israel and Hezbollah have been involved in near-daily exchanges of fire since the war between Israel and Hamas broke out on October 7.
Hezbollah announced it had used an “armed attack drone” equipped with two S-5 rockets on a military position in Metula in northern Israel.
The Iran-backed group published a video showing the drone heading toward the position, where tanks were stationed, with the footage showing the moment the two rockets were released followed by the drone exploding.
It was the first time they had announced the use of this type of weapon since the cross-border exchanges with Israel erupted in October.
The Israeli army said three soldiers were wounded in Thursday’s attack.
Hezbollah-affiliated media said that the drone’s warhead consisted of between 25 and 30 kilogrammes (55 and 66 pounds) of high explosive.
Military analyst Khalil Helou told AFP that the use of drones offers Hezbollah the ability to launch the attack from within Israeli territory, as they can fly at low altitudes, evading detection by radar.
Hezbollah also announced on Wednesday that it had launched a strike using “attack drones” on a base west of the northern Israeli town of Tiberias.
That attack was the group’s deepest into Israeli territory since fighting flared, analysts said.
In recent weeks, the Lebanese militant group has announced attacks that it has described as “complex,” using attack drones and missiles to hit military positions, as well as troops and vehicles.
It has also used guided and heavy missiles, such as Iran’s Burkan and Almas missiles, as well as the Jihad Mughniyeh missile, named after a Hezbollah leader killed by Israeli fire in Syria in 2015.
Helou, a retired general, said that depite its new weaponry, Hezbollah still relied primarily on Kornet anti-tank missiles with a range of just five to eight kilometers.
They also use the Konkurs anti-tank missile, which can penetrate Israel’s Iron Dome defense system.
Hezbollah has a large arsenal of weapons, that it has expanded significantly in recent years.
The group has said repeatedly that it has advanced weapons capable of striking deep inside Israeli territory.
Analysts have described the skirmishes between Israel and Hamas as a war of “attrition,” in which each side is testing the other, as well as their own tactics.
Hezbollah has expanded the range of its attacks in response to strikes targeting its munitions and infrastructure, or its military commanders.
One such Israeli strike on Wednesday targeted the village of Brital in Lebanon’s eastern Bekaa Valley, with the Israeli army later announcing it had hit a “terror target related to Hezbollah’s precision missile project.”
Helou said Hezbollah’s targeting of the base near Tiberias and its use of the rocket-equipped drone “can be interpreted as a response to the attack on Brital, but it remains a shy response compared to the group’s capabilities.”
He suggested that the Israeli strike likely hit a depot for Iranian missiles that had not yet been used by Hezbollah.
“Hezbollah does not wish to expand the circle of the conflict,” Helou said.
“What is happening is a war of attrition through which it is trying to distract the Israeli army” from Gaza and seeking to prevent it from “launching a wide-ranging attack on Lebanon.”


US officials held indirect talks with Iran on avoiding regional escalation: report

Updated 18 May 2024
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US officials held indirect talks with Iran on avoiding regional escalation: report

Two top Biden administration officials held indirect talks with Iranian counterparts this week in an effort to avoid escalating regional attacks, Axios reported on Friday.
The conversations marked the first round of discussions between the US and Iran since January, according to Axios.


One Palestinian killed, eight wounded in Israeli strike on West Bank refugee camp

Updated 18 May 2024
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One Palestinian killed, eight wounded in Israeli strike on West Bank refugee camp

  • Israel has killed more than 35,000 Palestinians, according to Gaza’s Health Ministry

RAMALLAH, West Bank: At least one person was killed and eight wounded on Friday in an Israeli air strike on the Jenin refugee camp in the occupied West Bank, the Palestinian health ministry and Israeli military said.
The Palestinian health ministry said the eight wounded people were in stable condition and receiving treatment at hospitals. Reuters could not immediately confirm their identities.
The Israeli military said a fighter jet conducted the strike, a rarity in the West Bank, where violence had been surging long before the Gaza war.
Residents of the refugee camp said a house was targeted.
The West Bank is among territories Israel occupied in a 1967 Middle East war. Palestinians want it to be the core of an independent Palestinian state.

 

 


Trapped US doctors are out of Gaza, White House says

Updated 18 May 2024
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Trapped US doctors are out of Gaza, White House says

  • The Palestinian American Medical Association, a US-based non-profit, reported that its team of 19 health care professionals, including 10 Americans, had been denied exit from Gaza after their two-week mission
  • Israel has killed more than 35,000 Palestinians in Gaza, mostly women and children, according to the health ministry in the Hamas-run territory

WASHINGTON: A group of US medical workers left the Gaza Strip after getting stuck at the hospital where they were providing care, the White House said on Friday.
Reports emerged earlier this week of American doctors being unable to leave Gaza after Israel closed the Rafah border crossing, including 10 from the US-based Palestinian American Medical Association, who had intended to leave after a two-week mission at the European Hospital in Khan Younis, a city near Rafah in southern Gaza.
On Friday, 17 American doctors and health care workers, out of a total of 20, got out of Gaza, White House national security spokesperson John Kirby told reporters.
“I can assure you that any of them that wanted to leave are out,” Kirby said.
A State Department spokesperson told Reuters that some of the doctors that had been stuck made their way to safety with assistance from the US Embassy in Jerusalem.
Three of the US doctors chose not to depart Gaza, a source familiar with the situation said, adding that the doctors who stayed behind understood that the US Embassy may not be able to facilitate their departure as it did on Friday.
The Palestinian American Medical Association, a US-based non-profit, reported that its team of 19 health care professionals, including 10 Americans, had been denied exit from Gaza after their two-week mission.
The organization said on social media on Wednesday that it had a more doctors waiting to enter Gaza to replace the workers trying to leave.
Israel seized and closed the Rafah border crossing between Gaza and Egypt on May 7, disrupting a vital route for people and aid into and out of the devastated enclave.
Gaza’s health care system has essentially collapsed since Israel began its military offensive there after the Oct. 7 cross-border attacks by Palestinian Hamas militants on Israelis.
Aid deliveries began arriving at a US-built pier off the Gaza Strip on Friday.