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

Published

8 months 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

Tanks gather near Israeli-Lebanon border – as defence minister hold talks over ‘expansion’ of IDF activity

Published

10 hours ago

September 29, 2024

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Tanks gather near Israeli-Lebanon border - as defence minister hold talks over 'expansion' of IDF activity

Israeli defence minister Yoav Gallant has held talks over the possibility of expanding Israel’s military offensive – as tanks were pictured on the country’s border with Lebanon.

In a statement on Saturday, Mr Gallant’s office said he was conducting “an operational situation assessment” regarding what it called “the expansion of IDF (Israel Defence Forces) activities in the northern arena”.

Israeli tanks and troops were later pictured near the border, in what Sky News’ security and defence editor Deborah Haynes said is the “clearest sign yet” that Israel’s conflict with Hezbollah is “about to expand even further”.

The military said it was mobilising three more battalions of reserve soldiers to serve across the country. It had already sent two brigades to northern Israel to prepare for a possible ground invasion.

The deployment comes after Hezbollah confirmed that its leader of more than three decades Hassan Nasrallah was killed in an Israeli airstrike in Beirut on Friday.

The militant group – which is aligned with Iran – vowed to continue its fight against Israel even as attacks continued to bombard areas around Lebanon’s capital.

At least six people were killed in the strikes – not including Nasrallah – and 91 were wounded, according to preliminary figures from Lebanon’s health ministry.

The United Nations high commissioner for refugees said that airstrikes led to the displacement of “well over 200,000” people inside Lebanon.

“More than 50,000 Lebanese people, and Syrians living in Lebanon, have crossed the border into Syria,” Filippo Grande wrote on X on Saturday.

‘Israel is on the move’

In his first public remarks since the killing, Israeli Prime Minister Benjamin Netanyahu described Nasrallah as a “terrorist” and said his killing would help bring displaced Israelis back to their homes in the north and would pressure Hamas to free Israeli hostages held in Gaza.

But with the threat of retaliation high, he said the coming days would bring “significant challenges” and warned Iran against trying to strike.

“There is no place in Iran or the Middle East that the long arm of Israel will not reach, and today you already know how true this is,” Mr Netanyahu said.

“We have great achievements, but the work is not yet complete. In the coming days we will face significant challenges, and we will face them together,” he added.

“We are determined to continue to strike at our enemies, return our residents to their homes, and return all our abductees. We do not forget them for a moment.

“Israel is on the move.”

Iranian Supreme Leader Ayatollah Ali Khamenei condemned the killing and announced five days of mourning. He said Lebanon will make Israel “regret their actions” and Nasrallah’s blood “will not go unavenged”.

In a letter to the UN Security Council, Iran’s UN ambassador Amir Saeid Iravani asked for an “emergency meeting” of the 15-member body, calling on it to “compel Israel” to cease all military action in both Gaza and Lebanon and “comply with relevant UNSC resolutions”.

Meanwhile, hundreds of protesters took to the streets of Tehran, waving Hezbollah flags and chanting “death to Israel” and “death to Netanyahu the murderer”.

People also gathered in the Lebanese city of Sidon and in Amman, Jordan, to mourn Nasrallah. The 64-year-old had countless followers across the Arab and Islamic world, but was viewed as an extremist in much of the West.

World

Is wider war in the Middle East now inevitable?

Published

12 hours ago

September 29, 2024

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Is wider war in the Middle East now inevitable?

The pictures from Beirut are unnerving to say the least, the predictions for the immediate future even more so.

With the dust still settling from this game-changing assassination of Hassan Nasrallah, there are pressing questions crying out for answers.

Most of all, is the Middle East about to erupt into a regional conflict that threatens us all? That’s been the warning for almost a year, so is it about to happen?

Not if America and its allies can help it.

Follow latest: Iran warns Israel will ‘regret their actions’

Hezbollah is a designated terrorist organisation for the US, UK and other Western nations. It has killed hundreds of their citizens over the years.

There is no doubt President Joe Biden has felt what he called a “measure of justice” that Nasrallah has been killed.

But there is also a fear of what comes next. From the president down we are hearing urgent calls for de-escalation and a diplomatic solution. And the US has rushed military assets to ward off Hezbollah’s patrons in Iran doing their worst. But will that be enough?

US-led diplomacy to contain the Middle East crisis has failed.

A senior Middle Eastern diplomat told Sky News the assassination is a kick in the teeth for the US president.

“For all the bombs and billions he has given the Israelis,” he said, “the least they could have done for him in the last weeks of his presidency was a ceasefire in the region”.

With diplomacy stalled, what happens next depends on both Iran and Israel.

For its part, Iran may feel it has no alternative but to weigh in. It may fear the massive missile arsenal it supplied is so jeopardised it must intervene and save Hezbollah.

Iranians have long regarded Hezbollah as an insurance policy for the day Israel might attack Iran itself. If it sees its ally close to total collapse, might it then weigh in?

If it does, Israel’s allies led by America might feel compelled to come to its defence. The full scale war feared for almost a year could engulf the region.

But there are good reasons for Iran not to rush to action.

The Middle East seems a dangerous and unpredictable place but certain rules and assumptions apply, even in all its chaos.

For all their fanaticism, the ayatollahs of Tehran are pragmatic and seek the preservation of their grip on power above all. That has been a rule of the Middle Eastern jungle since they seized power 45 years ago.

Is it pragmatic or wise to up the ante and more directly support Hezbollah, when it is at its weakest? The Iranian regime is not that strong either, crippled economically by sanctions and mismanagement, and socially and politically by months of civil unrest, albeit now quashed.

There are limits too to what Iran could achieve with direct military intervention anyway in a war that is 2,000km from its borders. The Iranians may conclude this round in the war against Israel is over. They think in long time spans, after all. Time to regroup and move on to fight another day?

There will no doubt be days more of sound and fury, like we have seldom seen before. The mourning and funerals of Nasrallah and his lieutenants are likely to be the focus of intense anger and will raise tensions. But what happens afterwards?

That also comes down to Israel.

It may now feel it has the wind in its sails and seize the moment to invade Lebanon on the ground to push Hezbollah back from the border. That would be an extremely dangerous moment too, potentially drawing in supportive militia and Iranian forces based in Syria.

The hills of southern Lebanon are a treacherous country for a military like Israel’s that relies on infantry and tanks. They could be drawn into a lengthy and punishing campaign that could then destabilise the region.

Then there is Lebanon itself. An uneasy compromise between the warring factions of its civil war in the 1970s and 80s has held for decades but its always fragile status quo is now threatened. The chessboard of its multi-denominational politics has potentially been upended by the removal of its most powerful player.

If Lebanon descends back into factional fighting, regional stability will be undermined too.

The Middle East is in grave danger of further escalation. Western and regional diplomats are working round the clock to pull it back from the brink but recent efforts have all ended in failure and neither Israel nor Hezbollah seem to be listening.

World

Hezbollah leader Hassan Nasrallah killed after Beirut airstrikes, Israeli army says

Published

1 day ago

September 28, 2024

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Hezbollah leader Hassan Nasrallah killed after Beirut airstrikes, Israeli army says

Hezbollah leader Hassan Nasrallah has been killed after airstrikes in Beirut, the Israeli army has said.

Recent weeks have seen Israel unleash a barrage of strikes against Lebanon after it turned its attention to the conflict at its northern border.

On Friday, Israel targeted the capital Beirut with a series of attacks claiming to have struck the headquarters of Hezbollah.

Israel-Hezbollah latest

The Israel Defence Forces (IDF) said it carried out a “precise strike” on Hezbollah’s “central headquarters”, which it claimed was “embedded under residential buildings in the heart of the Dahieh in Beirut”.

The first wave of attacks shook windows across the city and sent thick clouds of smoke billowing into the air.

While Israel stressed it had been a “precise” strike, preliminary figures from Lebanon’s health ministry confirmed at least six other people were killed and 91 were wounded.

Israel said Nasrallah was the intended target and initially there were claims he had survived.

However, after several hours of confusion, his death was confirmed by Israel.

“Hassan Nasrallah will no longer be able to terrorise the world,” the IDF said.

Hours later, a defiant Hezbollah confirmed Nasrallah’s death but vowed their fight with Israel would continue after confirming they had fired upon sites in northern Israel.

“The leadership of Hezbollah pledges to the highest, holiest, and most precious martyr in our path full of sacrifices and martyrs to continue its jihad in confronting the enemy, supporting Gaza and Palestine, and defending Lebanon and its steadfast and honourable people,” they said.

Alongside claiming to have killed Nasrallah, the IDF said it had killed a number of other commanders, including Ali Karaki, the commander of the southern front.

The country’s military said the strike was carried out while Hezbollah leadership met at their underground headquarters in Dahieh.

In the aftermath of the most recent attacks, an Israeli military spokesperson declined to comment on whether US-made Mark 84 heavy bombs were used in the strike against Nasrallah.

“The strike was conducted while Hezbollah’s senior chain of command were operating from the headquarters and advancing terrorist activities against the citizens of the State of Israel,” Lieutenant Colonel Nadav Shoshani said in a media briefing.

He continued: “We hope this will change Hezbollah’s actions.”

He added the number of civilian casualties was unclear but blamed Hezbollah for positioning itself in residential areas.

“We’ve seen Hezbollah carry out attacks against us for a year. It’s safe to assume that they are going to continue carrying out their attacks against us or try to,” he said.

Meanwhile, Iran said it was in constant contact with Hezbollah and other allies to determine its “next step”, but Reuters reported the country’s supreme leader was transferred to a secure location in light of the latest attack.

Speaking after the attack, Ayatollah Ali Khamenei called on Muslims “to stand by the people of Lebanon and the proud Hezbollah” and said: “The fate of this region will be determined by the forces of resistance, with Hezbollah at the forefront,” state media reported.

Nasrallah’s death will be a blow to Hezbollah as it continues to reel from a campaign of escalating Israeli attacks.

Nasrallah is latest Hezbollah leader to fall

While Nasrallah’s death is certainly the most high-profile of recent attacks, it continues a trend of Israel targeting Hezbollah’s leadership structure.

Also on Saturday, in the early hours of the morning, the commander of the group’s missile unit and his deputy were killed in another Israeli attack in southern Lebanon.