South Africa's case against Israel for genocide allegations in the Gaza Strip
South Africa Accusation:
The South African legal team's case against Israel at the International Court of Justice (ICJ) alleges that Israel's military operations in Gaza amount to genocidal conduct. They argue this is evidenced by widespread bombing, significant civilian casualties and injuries, and extensive damage to homes and infrastructure. This, they claim, violates the 1948 Genocide Convention.
Israel Defense:
Israel counters these allegations by stating they are not an occupying power in Gaza since their 2006 disengagement. They argue that accusations of genocidal intent are based on misinterpretations and that their military actions are responses to Hamas using civilians as shields, emphasizing efforts to minimize civilian harm. Israel also disputes claims of blocking humanitarian aid to Gaza.
Previous ICJ Case:
The ICJ's 2003 ruling on Israel's West Bank separation wall stated that an occupying power cannot claim self-defence rights. The status of Gaza as "occupied" under international law is still debated, impacting the legal interpretations of actions taken there.