EXPLAINER
Here are countries that welcomed the ICJ case that says Israel is committing genocide against Palestinians in Gaza.
The Hague-based International Court of Justice (ICJ) will hold its first hearing in South Africa’s genocide case against Israel on Thursday, with several countries applauding the move amid a global chorus in favor of a ceasefire. in Gaza.
South Africa filed the lawsuit in late December, accusing Israel of genocide in its war on Gaza and seeking to stop the brutal military attack that has killed more than 23,000 Palestinians, nearly 10,000 of them children.
South Africa’s 84-page document says Israel violated the 1948 Genocide Convention, drafted after World War II and the Holocaust.
Both Israel and South Africa are signatories to the United Nations Genocide Convention, which gives the ICJ (the UN’s highest legal body) jurisdiction to resolve disputes over the treaty.
All states that signed the convention are obliged not to commit genocide and also to prevent and punish it. The treaty defines genocide as “acts committed with the intent to destroy, in whole or in part, a national, ethnic, racial or religious group.”
Here’s what we know about the countries backing South Africa in its case against Israel and the countries opposing the case at the world court.
Which countries have welcomed South Africa’s ICJ case against Israel?
- The Organization of Islamic Countries (OIC): The 57-member bloc, which includes Saudi Arabia, Iran, Pakistan and Morocco, expressed support for the case on December 30.
- Malaysia: In a statement issued on January 2, Malaysia’s Ministry of Foreign Affairs welcomed the South African request. He reiterated the call for an independent Palestinian state “based on pre-1967 borders, with East Jerusalem as its capital.”
- Turkey: Turkish Foreign Ministry Spokesperson Oncu Keceli aware on January 3 celebrating South Africa’s decision.
- Jordan: Foreign Minister Ayman Safadi said on January 4 that Amman would support South Africa.
- Bolivia: On Sunday, Bolivia’s Foreign Ministry called South Africa’s move historic, becoming the first Latin American country to back the ICJ case against Israel.
- In addition to countries, many advocacy and civil society groups around the world have also joined South Africa’s call. These include Terreiro Pindorama in Brazil, the National Italy-Cuba Friendship Association in Italy and Collectif Judeo Arabe et Citoyen pour la Palestine in France, independent outlet Common Dreams reported.
Which countries filed the ICC request first?
Bolivia also noted that it had previously submitted a request to the prosecutor of the International Criminal Court (ICC), Karim Khan, together with South Africa, Bangladesh, Comoros and Djibouti, to investigate the situation in Palestine. Khan said he received the request on November 30.
The ICC and the ICJ are sometimes confused. Both courts are located in The Hague, Netherlands. While the purpose of the ICJ is to resolve conflicts between states, the ICC prosecutes individuals for committing crimes, according to the University of Melbourne’s Pursuit platform. While states cannot be sued before the ICC, the prosecutor can open an investigation where crimes, including genocide, were likely committed.
Who doesn’t support South Africa’s ICJ case?
The United States has expressed its opposition to the genocide case. National security spokesman John Kirby called South Africa’s submission “baseless, counterproductive and completely baseless” during a White House news conference on January 3.
Israeli President Isaac Herzog told US Secretary of State Antony Blinken on Tuesday that “there is nothing more egregious and absurd” than the lawsuit. Herzog also thanked Blinken for Washington’s support for Israel.
Israel’s Western allies, including the European Union, have remained mostly silent on the ICJ case.
The United Kingdom, which has refused to support the case, has been accused of applying double standards after it submitted detailed legal documents to the ICJ about a month ago to support allegations that Myanmar committed genocide against the Rohingya community.
