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Today's Paper | November 02, 2024

Published 09 Jan, 2024 04:42pm

READ: 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, 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, according to Reuters.

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. While the case revolves around the occupied Palestinian territories, Palestinians have no official role in the proceedings because they are not a United Nations member state.

All states that signed the Genocide Convention are obliged to not commit genocide and 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”.

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.

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