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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.

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Sky News explains: What is genocide?

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.

Nelson Mandela and former PLO leader Yasser Arafat in 1990
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Nelson Mandela and former PLO leader Yasser Arafat in 1990

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.

Palestinians gather at the site of an Israeli strike on a house, amid the ongoing conflict between Israel and Hamas, in Rafah in the southern Gaza Strip, December 29, 2023. REUTERS/Shadi Tabatibi
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The aftermath of an Israeli airstrike on Rafah, Gaza

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.

Read more:
Israeli president criticises genocide lawsuit
Police accidentally kill young girl at West Bank checkpoint

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.

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Israel: Progress in the war in Gaza could mean the end is in sight

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.

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Israel maintains pressure on Gaza City as ‘first stages of attack begin’

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Israel maintains pressure on Gaza City as 'first stages of attack begin'

Gaza City residents say Israel carried out intense overnight bombardments as it prepares a controversial offensive to take control of the area.

Sixty-thousand reservists are being called up after Benjamin Netanyahu‘s security cabinet approved the plan earlier this month.

UN chief Antonio Guterres has warned of more “death and destruction” if Israel tries to seize the city, while France’s Emmanuel Macron said it would be a “disaster” that would lead to “permanent war”.

Live – UN warns of ‘forcible transfer’ as forces advance on Gaza City

Hundreds of thousands of people could end up being forcibly displaced – a potential war crime, according to the UN’s human rights office.

Gaza’s health ministry said at least 70 people had been killed in Israeli attacks in the past 24 hours, including eight people in a house in the Sabra suburb of Gaza City.

Israel currently controls about 75% of the Gaza Strip, but Prime Minister Netanyahu has said Israel must take Gaza City to “finish the job” and defeat Hamas.

More on Gaza

Mr Netanyahu and his ministers are due to meet on Thursday to discuss the plans, according to Israeli media.

Military spokesperson Effie Defrin said earlier that “preliminary operations and the first stages of the attack” had begun – with troops operating on the outskirts of Gaza City.

Israel has said it will order evacuation notices before troops move in but satellite images show thousands of people have already left.

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Aftermath of fresh Israeli strikes on Gaza

Residents said shelling has intensified in the Sabra and Tuffah neighbourhoods and that those fleeing have gone to coastal shelters or to central and southern parts of the Strip.

The decision to stay or leave is an agonising choice for many.

“We are facing a bitter-bitter situation, to die at home or leave and die somewhere else, as long as this war continues, survival is uncertain,” said father of seven Rabah Abu Elias.

“In the news, they speak about a possible truce, on the ground, we only hear explosions and see deaths. To leave Gaza City or not isn’t an easy decision to make,”

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Sky’s Adam Parsons explains what is in the new Israel-Hamas ceasefire deal.

Most of the Israeli reservists being summoned are not expected to be in a frontline combat role and the call-up is set to take a while.

The window could give mediators more time to convince Israel to accept a temporary ceasefire.

Hamas has already agreed to the proposal – envisaging 10 living hostages and 18 bodies being released in return for a 60-day truce and the freedom of about 200 Palestinian prisoners.

Israel hasn’t officially responded, but insists it wants all 50 remaining hostages released at once. Only 20 of them are still believed to be alive.

The war started nearly two years ago when a Hamas terror attack killed about 1,200 people and kidnapped around 250.

Read more:
Tents abandoned as Palestinians flee Israeli advance

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What would a two-state solution look like?

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More than 62,000 Palestinians have been killed in the war, according to Gaza’s health ministry.

The figure doesn’t break down how many were Hamas members, but it says women and children make up more than half.

Two more people also died of starvation and malnutrition in the past 24 hours, the ministry said on Thursday, taking the total to 271, including 112 children.

COGAT, the body controlling aid into Gaza, said 250 aid trucks entered on Wednesday, with 154 pallets air-dropped.

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Police in Kenya begin exhuming shallow graves of suspected cult victims

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Police in Kenya begin exhuming shallow graves of suspected cult victims

Police, pathologists and grave diggers have started the exhumation of 27 shallow graves in Kenya’s Kilifi County.

The remains are believed to be of followers of a deadly cult in Chakama Ranch, a part of the Shakahola Forest.

In 2023, more than 400 mass graves were discovered in the same forest, all members of controversial preacher Paul Mackenzie’s church. They were encouraged to starve themselves to death to get into heaven.

It remains one of the world’s worst cult-related tragedies. Mackenzie is still in jail and faces numerous charges of terrorism, child torture and murder.

Six bodies were exhumed in Chakama Ranch, a part of the Shakahola Forest, today
Image:
Six bodies were exhumed in Chakama Ranch, a part of the Shakahola Forest, today

The remote forest has again been turned into a crime scene.

Morticians were seen carrying out body bag after body bag, some containing the remains of children believed to have been starved to death.

State pathologist Dr Richard Njoroge said this is just the beginning, as investigators expect to find many more bodies: “Today we managed to exhume six.

“Of the six graves, we found five bodies and then also around that area we found ten different scattered body parts, scattered in different places on the surface.”

Eleven suspects have already been arrested in connection with these deaths and will appear in court on Friday.

Police are investigating links to Mackenzie and members of his Good News International Church.

At the exhumation today, pathologists said they were still working to identify the bodies of those exhumed from Mackenzie’s cult.

“We had 453 at the closure of that exercise, I think, we released around 33 or 34 last time. So, from there are 419 remaining,” Dr Njoroge explained.

Read more from Sky News:
Captured ISIS fighters speaks from death row
Israel begins first stages of takeover operation

Police have encouraged families in the area with missing loved ones to come forward and provide their DNA samples, as efforts to identify the dead continue.

Kenya is grappling with a rise in religious extremism and many churches operating informally.

Parliament passed several preliminary bills aimed at regulating religious organisations last year, but implementation has stalled after resistance from church leaders.

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‘I don’t regret anything,’ smiling ISIS militant on death row tells Sky News

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'I don't regret anything,' smiling ISIS militant on death row tells Sky News

Blindfolded and under armed guard, a captured ISIS fighter is brought before us.

When the blindfold is removed, he doesn’t look surprised to see a camera crew and several counterterrorism officers, one of whom interrogated him when he was first caught.

The 24-year-old militant is on death row in Somalia awaiting execution by firing squad, having been accused of being an ISIS commander, as well as a sniper and a member of a two-man bomb squad.

We’ve been given extremely rare access to speak to him and another ISIS recruit in a secure location in Puntland, the semi-autonomous region of northern Somalia where the terror group has been seizing territory and ruling over terrified communities.

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Watch the documentary – Hunting for ISIS: A warning from Africa

US and Somali commanders say ISIS is running its global headquarters in Puntland’s caves, financing its activities worldwide.

Muthar Hamid Qaayid is from Yemen and came to Somalia via a sea route where we’ve witnessed how challenging it is to halt the flow of militant travellers.

He insists he wasn’t an active participant in the two-man bomb squad – and seems entirely unbothered about the situation he now finds himself in.

“I didn’t press the button,” he says. “I just looked. The other man made the bomb and set it off. I didn’t come here to kill Muslims.”

His partner blew himself up as he was planting the bomb in Bosaso city centre and realised he had been discovered.

Officers believe he detonated it prematurely.

The man in front of us was injured, and we are told he had incriminating bomb-making equipment with him.

I ask him if he has regrets about his involvement and joining the militant group.

“I don’t regret anything,” he says, smiling. “Even if you take me out of the room now and execute me, I don’t regret anything.” Again, another smile.

“If they shoot me or hang me, I don’t mind. In the end, I don’t care.”

Tellingly, he says his family does not like ISIS. “If they found me here, they’d be upset,” he says.

Despite persistent questions, he doesn’t shift much. “I’m not thinking,” he insists. “There’s nothing. I’m just waiting for death.”

The ISIS militant speaks to Sky's Alex Crawford
Image:
The ISIS militant speaks to Sky’s Alex Crawford

I ask if he’d heard of people being killed by the bombs he’s accused of planting.

“Yes, but they don’t kill all people,” he insists.

But what about killing anyone, I suggest, slightly puzzled.

“They don’t kill everyone,” he continues. There’s a pause. “Only infidels”.

Infidels is a term many recruits use to describe those who simply don’t agree with their strict interpretation of Sharia – that can include Muslims as well as other religions.

Officials show us multiple foreign passports recovered from ISIS cave hideouts in Puntland and from those they’ve captured or killed.

Passports seized from ISIS hideouts and fighters
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Passports seized from ISIS hideouts and fighters

There are passports for whole families from South Africa, including children, as well as ones from Germany, Saudi Arabia, Venezuela, and Bahrain.

There are also handfuls of IDs which show European faces.

Since a Puntland army offensive was launched last December, just five of the 600 ISIS fighters killed have been Somalis, says Mohamed Abdirahman Dhabancad, Puntland’s political affairs representative.

‘The main target was to rule the world’

The second prisoner brought before us is from Morocco and is much more talkative.

Usman Bukukar Bin Fuad insists he was duped by ISIS and says he only travelled to Somalia because he’d heard he could make money.

Usman Bukukar Bin Fuad claims he only dug caves for ISIS
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Usman Bukukar Bin Fuad claims he only dug caves for ISIS

“Instead, I ended up digging caves,” he says. “It was difficult to escape but when they told me to put on a suicide vest to kill Puntland forces, I said this is not what you told me I would be doing – and I escaped.”

He says he was given a weapon but never used it – a claim not believed by his captors.

“I never joined any fight,” he insists. “I had my weapon [AK47] but I just did normal duties taking supplies from location to location and following orders.”

He says he met the ISIS leader in Somalia, Abdul Qadir Mumin, several times.

“He used to visit all the ISIS camps and encourage them to fight.”

“And he’d reassure us all about going to heaven,” he adds.

It seems to lend credence to the belief that Mumin is still alive and operating – up until a few months ago anyway.

He says he was given training in sniping (which he didn’t finish) and map reading, which was interrupted when the Puntland military offensive began.

He says he travelled over from Ethiopia with six Moroccans, before meeting an Algerian recruit.

Fellow militants in the ISIS mountain stronghold were from countries including Tunisia, Libya, Tanzania, Kenya, Turkey, Argentina, Bangladesh, Sweden, and Iraq.

“The main target or focus was to rule the world,” he says. “Starting with this region as one of the gates to the world, then Ethiopia and the rest of the world.

“I heard so much talk about sending ISIS fighters to Bosaso, Ethiopia or Yemen. Sending people to other parts of the world and ruling the world was all part of the plan.”

The captives’ information has added to the belief that Puntland and Somalia is just the tip of a huge ISIS problem which is spreading and is able to cause terror in a range of ways.

Alex Crawford reports from Somalia with specialist producer Chris Cunningham and Richie Mockler. Photography by Chris Cunningham

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