Genocide before the International Court "South Africa's Case Against Israel as a Model"
Abstract
This research addresses the crime of genocide through an analytical study of South Africa's lawsuit against Israel before the International Court of Justice, focusing on the Palestinian context following the October 2023 events in Gaza. Genocide stands out as one of the most serious international crimes that affects the very existence of the human group and aims to destroy it, in whole or in part, whether on a national, religious, or ethnic basis. The study demonstrates that criminal intent is the distinguishing principle of this crime, distinguishing it from other international crimes such as crimes against humanity and war crimes. The research reviewed the legal framework governing this crime through the 1948 Genocide Convention, which established binding international obligations to protect humanity. It also highlighted the role of international courts, particularly the International Criminal Court and the International Court of Justice, in assigning responsibility to individuals in their personal capacity, rejecting the claim of official immunity. The study concluded that what happened in Gaza clearly constitutes the elements of the crime of genocide, according to international reports and evidence, which South Africa relied on in its lawsuit. She recommended the need to activate the role of international courts, enhance international cooperation to combat genocide anywhere and anytime, and the need for the United Nations to assume its responsibilities to ensure justice and protect victims.
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This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
