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

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

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

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.


Hamas ready for ceasefire ‘immediately’ but Israel yet to offer ‘serious’ proposal

Hamas ready for ceasefire ‘immediately’ but Israel yet to offer ‘serious’ proposal
Updated 16 November 2024

Hamas ready for ceasefire ‘immediately’ but Israel yet to offer ‘serious’ proposal

Hamas ready for ceasefire ‘immediately’ but Israel yet to offer ‘serious’ proposal
  • Hamas official Basem Naim says Oct. 7 attack ‘an act of self defense’
  • ‘I have the right to live a free and dignified life,’ he tells Sky News

LONDON: A Hamas official has claimed that Israel has not put forward any “serious proposals” for a ceasefire since the assassination of its leader Ismail Haniyeh, despite the group being ready for one “immediately.”

Dr. Basem Naim told the Sky News show “The World With Yalda Hakim” that the last “well-defined, brokered deal” was put on the table between the two warring sides on July 2.

“It was discussed in all details and I think we were near to a ceasefire ... which can end this war, offer a permanent ceasefire and total withdrawal and prisoner exchange,” he said. “Unfortunately (Israeli Prime Minister Benjamin) Netanyahu preferred to go the other way.”

Naim urged the incoming Trump administration to do whatever necessary to help end the war.

He said Hamas does not regret its attack against Israel on Oct. 7, 2023, which left 1,200 people dead and prompted Israel’s invasion of Gaza that has killed in excess of 43,000 people and left hundreds of thousands injured.

Naim said Israel is guilty of “big massacres” in the Palestinian enclave, and when asked if Hamas bore responsibility as a result of the Oct. 7 attack, he called it “an act of self defense,” adding: “It’s exactly as if you’re accusing the victims for the crimes of the aggressor.”

He continued: “I’m a member of Hamas, but at the same time I’m an innocent Palestinian civilian because I have the right to live a free and dignified life and I have the right to defend myself, to defend my family.”

When asked if he regrets the Oct. 7 attack, Naim replied: “Do you believe that a prisoner who is knocking (on) the door or who is trying to get out of the prison, he has to regret his will to be? This is part of our dignity ... to defend ourselves, to defend our children.”


Italy protests to Israel over unexploded shell hitting Italian base in Lebanon

Italy protests to Israel over unexploded shell hitting Italian base in Lebanon
Updated 15 November 2024

Italy protests to Israel over unexploded shell hitting Italian base in Lebanon

Italy protests to Israel over unexploded shell hitting Italian base in Lebanon
  • Tajani said the safety of the soldiers in UNIFIL had to be ensured and stressed “the unacceptability” of the attacks
  • The Italian statement said Saar had “guaranteed an immediate investigation” into the shell incident

ROME: Italy on Friday said an unexploded artillery shell hit the base of the Italian contingent in the UN peacekeeping mission in Lebanon and Israel promised to investigate.
Italian Foreign Minister Antonio Tajani spoke with Israeli counterpart Gideon Saar and protested Israeli attacks against its personnel and infrastructure in the United Nations Interim Force in Lebanon, an Italian statement said.
Tajani said the safety of the soldiers in UNIFIL had to be ensured and stressed “the unacceptability” of the attacks.
The Italian statement said Saar had “guaranteed an immediate investigation” into the shell incident.
Established by a UN Security Council resolution in 2006, the 10,000-strong UN mission is stationed in southern Lebanon to monitor hostilities along the “blue line” separating Lebanon from Israel.
Since Israel launched a ground campaign in Lebanon against Hezbollah fighters at the end of September, UNIFIL has accused the Israel Defense Forces of deliberately attacking its bases, including by shooting at peacekeepers and destroying watch towers.


Lebanon rescuer picks up ‘pieces’ of father after Israel strike

Lebanon rescuer picks up ‘pieces’ of father after Israel strike
Updated 15 November 2024

Lebanon rescuer picks up ‘pieces’ of father after Israel strike

Lebanon rescuer picks up ‘pieces’ of father after Israel strike
  • Karkaba then rushed back to the bombed civil defense center to search for her fellow first responders under the rubble
  • Israel struck the center, the main civil defense facility in the eastern Baalbek area, while nearly 20 rescuers were still inside

DOURIS, Lebanon: Suzanne Karkaba and her father Ali were both civil defense rescuers whose job was to save the injured and recover the dead in Lebanon’s war.
When an Israeli strike killed him on Thursday and it was his turn to be rescued, there wasn’t much left. She had to identify him by his fingers.
Karkaba then rushed back to the bombed civil defense center to search for her fellow first responders under the rubble.
Israel struck the center, the main civil defense facility in the eastern Baalbek area, while nearly 20 rescuers were still inside, said Samir Chakia, a local official with the agency.
At least 14 civil defense workers were killed, he said.
“My dad was sleeping here with them. He helped people and recovered bodies to return them to their families... But now it’s my turn to pick up the pieces of my dad,” Karkaba told AFP with tears in her eyes.
Unlike many first-responder facilities previously targeted during the war, this facility in Douris, on the edge of Baalbek city, was state-run and had no political affiliation.
Israel’s military did not immediately respond to a request for comment.
Friday morning, dozens of rescuers and residents were still rummaging through the wreckage of the center. Two excavators pulled broken slabs of concrete, twisted metal bars and red tiles.
Wearing her civil defense uniform at the scene, Karkaba said she had been working around-the-clock since Israel ramped up its air raids on Lebanon’s east in late September.
“I don’t know who to grieve anymore, the (center’s) chief, my father, or my friends of 10 years,” Karkaba said, her braided hair flowing in the wind.
“I don’t have the heart to leave the center, to leave the smell of my father... I’ve lost a part of my soul.”
Beginning on September 23, Israel escalated its air raids mainly on Hezbollah strongholds in east and south Lebanon, as well as south Beirut after nearly a year of cross-border exchanges of fire.
A week later Israel sent in ground troops to southern Lebanon.
More than 150 rescuers, most of them affiliated with Hezbollah and its allies, have been killed in more than a year of clashes, according to health ministry figures from late October.
Friday morning, rescuers in Douris were still pulling body parts from the rubble, strewn with dozens of paper documents, while Lebanese army troops stood guard near the site.
Civil defense worker Mahmoud Issa was among those searching for friends in the rubble.
“Does it get worse than this kind of strike against rescue teams and medics? We are among the first to... save people. But now, we are targets,” he said.
On Thursday, Lebanon’s health ministry said more than 40 people had been killed in Israeli strikes on the country’s south and east.
The ministry reported two deadly Israeli raids on emergency facilities in less than two hours that day: the one near Baalbek, and another on the south that killed four Hezbollah-affiliated paramedics.
The ministry urged the international community to “put an end to these dangerous violations.”
More than 3,400 people have been killed in Lebanon since the clashes began last year, according to the ministry, the majority of them since late September.


Iran backs Lebanon in ceasefire talks, seeks end to ‘problems’

Iran backs Lebanon in ceasefire talks, seeks end to ‘problems’
Updated 15 November 2024

Iran backs Lebanon in ceasefire talks, seeks end to ‘problems’

Iran backs Lebanon in ceasefire talks, seeks end to ‘problems’
  • World powers say Lebanon ceasefire must be based on UN Security Council Resolution 1701
  • Israel demands the freedom to act should Hezbollah violate any agreement, which Lebanon has rejected

BEIRUT: Iran backs any decision taken by Lebanon in talks to secure a ceasefire with Israel, a senior Iranian official said on Friday, signalling Tehran wants to see an end to a conflict that has dealt heavy blows to its Lebanese ally Hezbollah.
Israel launched airstrikes in the Hezbollah-controlled southern suburbs of Beirut, flattening buildings for a fourth consecutive day. Israel has stepped up its bombardment of the area this week, an escalation that has coincided with signs of movement in US-led diplomacy toward a ceasefire.
Two senior Lebanese political sources told Reuters that the US ambassador to Lebanon had presented a draft ceasefire proposal to Lebanon’s parliament speaker Nabih Berri the previous day. Berri is endorsed by Hezbollah to negotiate and met the senior Iranian official Ali Larijani on Friday.
Asked at a news conference whether he had come to Beirut to undermine the US truce plan, Larijani said: “We are not looking to sabotage anything. We are after a solution to the problems.”
“We support in all circumstances the Lebanese government. Those who are disrupting are Netanyahu and his people,” Larijani added, referring to Israeli Prime Minister Benjamin Netanyahu.
Hezbollah was founded by Iran’s Revolutionary Guards in 1982, and has been armed and financed by Tehran.
A senior diplomat, speaking on condition of anonymity, assessed that more time was needed to get a ceasefire done but was hopeful it could be achieved.
The outgoing US administration appears keen to secure a ceasefire in Lebanon, even as efforts to end Israel’s related war in the Gaza Strip appear totally adrift.
World powers say a Lebanon ceasefire must be based on UN Security Council Resolution 1701 which ended a previous 2006 war between Hezbollah and Israel. Its terms require Hezbollah to move weapons and fighters north of the Litani river, which runs some 20 km (30 miles) north of the border.
Israel demands the freedom to act should Hezbollah violate any agreement, which Lebanon has rejected.
In a meeting with Larijani, Lebanon’s caretaker Prime Minister Najib Mikati urged support for Lebanon’s position on implementing 1701 and called this a priority, along with halting the “Israeli aggression,” a statement from his office said.
Larijani stressed “that Iran supports any decision taken by the government, especially resolution 1701,” the statement said.
Israel launched its ground and air offensive against Hezbollah in late September after almost a year of cross-border hostilities in parallel with the Gaza war. It says it aims to secure the return home of tens of thousands of Israelis, forced to evacuate from northern Israel under Hezbollah fire.
Israel’s campaign has forced more than 1 million Lebanese to flee their homes, igniting a humanitarian crisis.

FLATTENED BUILDINGS
It has dealt Hezbollah serious blows, killing its leader Sayyed Hassan Nasrallah and other commanders. Hezbollah has kept up rocket attacks into Israel and its fighters have been battling Israeli troops in the south.
On Friday, Israeli airstrikes flattened five more buildings in Beirut’s southern suburbs known as Dahiyeh. One of them was located near one of Beirut’s busiest traffic junctions, Tayouneh, in an area where Dahiyeh meets other parts of Beirut.
The sound of an incoming missile could be heard in footage showing the airstrike near Tayouneh. The targeted building turned into a cloud of rubble and debris which billowed into the adjacent Horsh Beirut, the city’s main park.
The Israeli military said its fighter jets attacked munitions warehouses, a headquarters and other Hezbollah infrastructure. Ahead of the latest airstrikes, the Israeli military issued a warning on social media identifying buildings.
The European Union strongly condemned the killing of 12 paramedics in an Israeli strike near Baalbek in the Bekaa Valley on Thursday, EU foreign policy chief Josep Borrell said.
“Attacks on health care workers and facilities are a grave violation of international humanitarian law,” he wrote on X.
On Thursday, Eli Cohen, Israel’s energy minister and a member of its security cabinet, told Reuters prospects for a ceasefire were the most promising since the conflict began.
The Washington Post reported that Netanyahu was rushing to advance a Lebanon ceasefire with the aim of delivering an early foreign policy win to his ally US President-elect Donald Trump.
According to Lebanon’s health ministry, Israeli attacks have killed at least 3,386 people through Wednesday since Oct. 7, 2023, the vast majority of them since late September. It does not distinguish between civilian casualties and fighters.
Hezbollah attacks have killed about 100 civilians and soldiers in northern Israel, the Israeli-occupied Golan Heights and southern Lebanon over the last year, according to Israel.


French anti-terrorism prosecutor to appeal against Lebanese militant’s release

French anti-terrorism prosecutor to appeal against Lebanese militant’s release
Updated 15 November 2024

French anti-terrorism prosecutor to appeal against Lebanese militant’s release

French anti-terrorism prosecutor to appeal against Lebanese militant’s release
  • Georges Ibrahim Abdallah, a former head of the Lebanese Armed Revolutionary Brigade, would be released on Dec. 6
  • Requests for Abdallah’s release have been rejected and annulled multiple times

PARIS: The office of France’s anti-terrorism prosecutor said on Friday it would appeal against a French court’s decision to grant the release of a Lebanese militant jailed for attacks on US and Israeli diplomats in France in the early 1980s.
PNAT said Georges Ibrahim Abdallah, a former head of the Lebanese Armed Revolutionary Brigade, would be released on Dec. 6 under the court’s decision on condition that he leave France and not return.
Abdallah was given a life sentence in 1987 for his role in the murders of US diplomat Charles Ray in Paris and Israeli diplomat Yacov Barsimantov in 1982, and in the attempted murder of US Consul General Robert Homme in Strasbourg in 1984.
Representatives for the embassies of the United States and Israel, as well as the Ministry of Justice, did not immediately respond to requests for comment.
Requests for Abdallah’s release have been rejected and annulled multiple times, including in 2003, 2012 and 2014.