What is genocide and why has South Africa taken Israel to court for it?

Published

1 year ago

January 26, 2024

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The International Court of Justice (ICJ) will today deliver an interim ruling on claims Israel is committing genocide in Gaza.

South Africa filed the case, arguing that Israel is breaching the UN convention on genocide by “killing Palestinians in Gaza, causing them serious bodily and mental harm, and inflicting on them conditions of life calculated to bring about their physical destruction”.

Israel has described the lawsuit as a “despicable and contemptuous exploitation” of the court.

What does genocide mean?

The term genocide was adopted by the UN soon after it was established in 1945, with a specific convention adopted on it in 1948.

According to the charter, genocide “means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group”.

Examples include:

• Killing members of a group;

• Causing serious bodily or mental harm to members of the group;

• Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;

• Imposing measures intended to prevent births within the group;

• Forcibly transferring children of the group to another group.

It was set up in wake of the Holocaust, in which the Nazis killed approximately six million Jewish people between 1941 and 1945, as part of the international community’s commitment to “never again”.

Since its inception there have only been three proven cases of genocide under the UN definition: the Khmer Rouge killing of Cambodian minority groups in the 1970s; the Srebrenica Massacre of Muslims in Bosnia in 1995; and the killing of Tutsis in Rwanda in 1994.

What is South Africa claiming – and why?

An 84-page court document set out South Africa’s case, which states that Israel’s “acts… in the wake of the attacks on 7 October 2023… are genocidal in character”.

It claims this is because they are “intended to bring about the destruction of a substantial part of the Palestinian national, racial and ethnical group, that being the part of the Palestinian group in the Gaza Strip”.

South Africa says Israel is “failing to prevent genocide and is committing genocide” in its war with Hamas.

In the court documents, lodged on 29 December, it also acknowledged “direct targeting of Israeli civilians and other nationals and hostage-taking by Hamas” on and after 7 October, which may breach international law.

As both South Africa and Israel are signatories to the 1948 convention, it argues the court has jurisdiction to stop Israel’s military offensive killing Palestinians in Gaza.

It also compares Israeli occupation of Palestinian territories to its own Apartheid period.

South Africa has a longstanding affinity with the Palestinian people.

After Nelson Mandela was freed from prison and became South African president, he said: “We know too well that our freedom is incomplete without the freedom of the Palestinians”, and later wore a traditional keffiyeh to a pan-African event in Algeria in 1990.

Current South African President Cyril Ramaphosa has condemned Israel’s offensive in Gaza from the start.

How has Israel responded?

Historically, Israel has refused to engage with international tribunals, but sent a legal team to defend itself at The Hague this time.

It described South Africa as “hypocritical” and the lawsuit as a “blood libel” – a term used for antisemitic false allegations against Jewish people that originates from the Middle Ages.

What have Israel and Hamas said about the war?

Hamas fighters and other militant Palestinian groups killed 1,200 Israelis on 7 October, the Israel Defence Forces (IDF) say. Some 240 were abducted and taken into Gaza, with 132 still missing.

The Israeli military military says more than 200 of its soldiers have died fighting in Gaza so far.

According to the Hamas-run Palestinian health ministry, 25,000 Palestinians have been killed in Israeli attacks since the conflict started.

Nearly all of the 2.3 million population of Gaza have been displaced by heavy bombing.

In its founding charter in 1988, Hamas declared there is “no solution for the Palestine question except through Jihad”, adding: “The day of judgement will not come about until Muslims fight Jews and kill them”.

But in 2017 it changed the charter to reflect that “its conflict is with the Zionist project, not with the Jews because of their religion”.

Individual Hamas leaders however, such as Mahmoud Zahar, have claimed the killing of Israeli children has been “legitimised” by the killing of Palestinian infants by Israel.

At the beginning of the conflict, an Israeli military official declared: “We are imposing a complete siege on Gaza. There will be no electricity, no food, no water, no fuel. Everything will be closed. We are fighting human animals and we act accordingly.”

Prime Minister Benjamin Netanyahu has said “Hamas must be destroyed” – but has not referenced Palestinians or the people of Gaza.

What could happen next?

The ICJ has the power to issue “provisional measures” – legally-binding court orders – that would last for the duration of the case.

South Africa wants it to use them to “immediately suspend military operations in and against Gaza”.

Although they are legally binding, they are not always adhered to.

For example, a joint case against Russia’s invasion of Ukraine in 2022 resulted in provisional measures for Moscow to withdraw troops, but these were ignored by the Kremlin.

Like others before it, the case is likely to last for years, as proving “intent” to commit genocidal acts is a difficult and lengthy process.

Alexander Horne, a barrister and visiting law professor at Durham University, who is also a dual British-Israeli national, said Israel will be “determined to demonstrate its armed forces have acted both morally and proportionately following the horrendous events of 7 October”.

He added that its choice of supreme court judge Aharon Barak as its representative suggests it is taking the case “very seriously”.

If the court does impose provisional measures it would be “hugely problematic” for the Israeli offensive, which it has vowed will continue until all hostages are returned, he said.

World

Brutal murder on ‘date’ exposes robbery gang suspected of targeting dozens of women in South Africa

Published

17 hours ago

June 30, 2025

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Brutal murder on 'date' exposes robbery gang suspected of targeting dozens of women in South Africa

Thirty-year-old Olorato Mongale made sure to take all the measures necessary for a safe first date in South Africa’s biggest city, Johannesburg.

She had agreed to meet ‘John’ in the daytime. She sent her friends her phone location after leaving her house and promptly texted them “on the road” at 2.47pm.

They replied “enjoy!”, hoping she would find love.

An hour later, their friend had gone silent and her phone location was showing up in dangerous areas of the city.

A search party of seven friends set off to trace Olorato’s digital footsteps.

“It didn’t make sense. Where is she? Why is she missing?” says Karabo Mokoena, as we drove to the locations involved in their search.

“Every place we went to looked dodgier and dodgier. It made me panic – I was very scared.”

After finding her bag on a pile of bricks off the side of a main road, they filed a missing person report at a police station.

“I thought there was no way we were not going to find her. We did end up finding her but not in the way we would have hoped,” says Karabo.

Olorato’s body had been dumped at the dirt entrance of a random house less than 100m from where her friends were searching into the night.

Her face was swollen and her eyes black-blue from violent impact. Her top was ripped open to expose her breasts.

Police told Sky News that her post-mortem showed signs of blunt force trauma. She was likely beaten to death.

“It was like I was dreaming, seeing her body like that with those bruises and blood everywhere,” says Olorato’s mother, Keabetswe Poppy Mongale, describing the moment she had to identify her only child at the morgue.

“I don’t think what I saw will ever go away,” she adds.

“It was very painful. I don’t wish that on any parent because my beautiful little girl looked different because someone chose to do that to her.”

CCTV from the driveway of Olorato’s building shows the last time she was seen alive, leaving her home to meet ‘John’.

In the video, she walks towards a white Volkswagen Polo and hesitates as she reaches the left back door. John had come with a friend.

Four days after Olorato was killed, police found the car in a different province with traces of her blood splattered across the back seat.

Philangenkosi Sibongokuhle Makanya – ‘John’ – was shot dead by police in KwaZulu-Natal shortly after they found the vehicle.

The second man in the car, Bongani Mthimkhulu, is still on the run.

The two men have since been identified as part of a dangerous criminal syndicate that lure young women out on dates and rob them at gunpoint.

“Within the four days, the investigating officers received 94 calls from women who were raising concerns and identifying the suspects as those they once met,” South African Police Service deputy national commissioner Lieutenant General Tebello Mosikili told Sky News.

“It was unfortunate about Olorato, but others were released after being robbed.”

A 24-year-old student who survived an armed robbery at the hands of Olorato’s suspected killers says she was happy to see Philangenkosi killed but she’s still scared for her life.

“As women, we are not even safe anymore – we can’t even walk freely,” she says.

“The moment you leave your house you wonder if you will make it back alive. I don’t feel comfortable walking around the street. I leave the house and then turn back.

“Even when I’m home, I still don’t feel safe and always want to keep myself locked indoors,” she says with a shaky voice – choosing to remain anonymous.

After meeting other victims of the syndicate, she was shocked to hear details of almost identical abductions.

“This other girl was surprised because we went through the exact same situation. They also approached her with the same tactic – let me take you out to lunch to get to know you – only for her to be robbed.”

South Africa has one of the highest femicide rates in the world – an average 15 women are killed a day, many by their intimate partners.

According to police statistics, more than 5,500 women were murdered in South Africa last year. An increase of 33.8% compared with the previous year.

“South Africa has six times the average rate of femicide – hundreds of women have already been killed since Olorato’s murder,” says Cameron Kasambala from Women for Change.

The advocacy group raises awareness of rising cases of femicide and gender-based violence across South Africa.

In the hours after her murder, Olorato’s friends contacted Women for Change to share her missing poster after receiving little immediate help from the local police station.

“I think her friends were the real heroes in that moment,” says Cameron.

“Two police stations that were 10 minutes apart, one finds a body and one has a missing case, don’t make a connection for hours. It’s not the most reassuring police work. And if the friends had not come forward, how long would it have taken?

“Unfortunately, Olorato’s case is an exception. Most cases are not handled that quickly.”

Olorato’s friends are still contending with the violence of her death – what it means for their daily lives and how they navigate their safety as women in South Africa.

“It is difficult to process and difficult to believe. This is somebody who ticked all the boxes when it came to being careful – being meticulous, checking her surroundings and leaving clues,” says Olorato’s friend, Koketso Sejosengoe.

“It shows it can happen to anybody no matter how safe you are. It is happening to the average girl. They are being targeted. These men know what they are doing and who they are looking for.”

“In the purest sense, Olorato wanted women to be safe and wanted women to be protected,” adds Koketso.

“I think she would be very proud to know that her name has not gone in vain and that her death is standing for something – that there will be change that comes with this.”

World

European heatwave leaves Spain, Portugal, Italy and Greece in sweltering 40C heat

Published

17 hours ago

June 30, 2025

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European heatwave leaves Spain, Portugal, Italy and Greece in sweltering 40C heat

Major heatwaves across southern Europe have left Spain, Portugal, Italy, and Greece in sweltering conditions of more than 40C (104F).

Two-thirds of Portugal was on high alert for extreme heat and risk of wildfires on Sunday, with temperatures in Lisbon expected to exceed 42C (107F).

In parts of southern Spain, temperatures are well above average, with 42C also expected in Seville and other cities.

The country’s meteorological service says June is likely to be the hottest Spain has experienced since records began.

In several Italian regions, including Lazio, Tuscany, Calabria, Puglia, and Umbria, outdoor work was banned during peak hours of sun on Sunday, with trade unions pushing for the measures to be extended and rolled out nationwide.

Twenty-one out of 27 cities were under the highest possible heat alert, including Rome, Milan, and Naples.

Greece has already been plagued by wildfires this summer, with one breaking out south of Athens on Thursday, and several on the island of Chios last Sunday.

Near Athens, authorities deployed 130 firefighters, 12 helicopters, and 12 planes, with 40 people evacuated from the highest-risk areas.

A woman was arrested on suspicion of unintentional arson after wildfires spread across brush and pastureland for three days on Chios.

Scientists link increasing frequencies of extreme weather events such as heatwaves, wildfires, and storms to climate change.

In France and Germany, at least three people died amid stormy conditions.

A ridge of high pressure above central and western Europe is driving the scorching conditions, says Sky News meteorologist Chris England.

Hotter-than-normal sea temperatures, dry land, and surface winds are also partly to blame, he added.

UK heatwave also likely

The UK is halfway through a four-day amber heat health alert, with temperatures expected to peak in the mid-30s (86F) on Tuesday.

Heat health alerts are not public weather warnings – but are instead designed to prepare health and social care bodies for the potential impact on their infrastructure and vulnerable groups.

Heatwave thresholds are likely to be met on Monday and Tuesday, which vary between 28C (82F) in the south of England and 25C (77F) across the rest of the country.

World

British-Israeli soldier killed while fighting in Gaza, reports say

Published

1 day ago

June 29, 2025

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British-Israeli soldier killed while fighting in Gaza, reports say

A British-Israeli soldier has been killed while fighting in Gaza, Israeli media reports said.

He was named locally as Sergeant Yisrael Natan Rosenfeld, 20, from the city of Ra’anana.

The Foreign, Commonwealth and Development Office said it is “looking into reports that an IDF soldier who died in combat in Gaza is a British national”.

The IDF soldier, who served in the 601st Combat Engineering Battalion, was killed by an explosive device on Sunday, the Times of Israel reported.

The paper said Mr Rosenfeld moved to Israel from London with his family 11 years ago.

More than 860 Israeli soldiers have been killed since Israel’s war against Hamas began on 7 October 2023, more than 400 of them during the fighting in Gaza.

The war began when the militant group launched an attack on Israel, killing 1,200 people and taking around 250 hostage.

Israel’s offensive in Gaza has devastated the enclave and killed more than 56,000 people, according to the Hamas-run health ministry, which does not differentiate between civilians and combatants in its count, but says more than half of the dead are women and children.

It came as Donald Trump called for progress in ceasefire talks in the war between Israel and Hamas.

“MAKE THE DEAL IN GAZA. GET THE HOSTAGES BACK!!!” the US president wrote on social media on Sunday.