The International Court of Justice (ICJ) is today delivering an interim ruling in the case that claims Israel is committing genocide in Gaza.
South Africa filed the case, arguing 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.
However, today’s ruling will not centre on the accusation of genocide – but instead, the court will make a decision on whether emergency measures suggested by South Africa should be implemented.
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6:45
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.
Image: 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.
Why do some in South Africa stand with Palestine?
Most South Africans recognise Israel’s complicity in their own oppression, according to Professor Salim Vally, the director for the centre for education rights and transformation at the University of Johannesburg.
“For example, Israel was an important arms supplier to apartheid South Africa, despite the international arms embargo,” he says.
“As late as 1980, 35% of Israel’s arms exports were destined for our country.
“When the global anti-apartheid movement forced countries to impose sanctions on the apartheid regime, Israel imported South African goods and re-exported them to the world as a form of inter-racist solidarity,” he adds.
“Israel was loyal to the apartheid state and clung to this friendship when almost all other relationships dissolved.”
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.
Image: 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 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.
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Israel: Progress in the war in Gaza could mean the end is in sight
What power does the ICJ have?
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.
At least 59 Palestinians have reportedly been killed after the Israeli military opened fire near an aid centre in Gaza and carried out strikes across the territory.
The Red Cross, which operates a field hospital in Rafah, said 25 people were “declared dead upon arrival” and “six more died after admittance” following gunfire near an aid distribution centre in the southern Gazan city.
The humanitarian organisation added that it also received 132 patients “suffering from weapon-related injuries” after the incident.
The Red Cross said: “The overwhelming majority of these patients sustained gunshot wounds, and all responsive individuals reported they were attempting to access food distribution sites.”
The organisation said the number of deaths marks the hospital’s “largest influx of fatalities” since it began operations in May last year.
The IDF has said it fired “warning shots” near the aid distribution site but it was “not aware of injured individuals” as a result.
It said in a statement: “Earlier today, several suspects were identified approaching IDF troops operating in the Rafah area, posing a threat to the troops, hundreds of metres from the aid distribution site.
“IDF troops operated in order to prevent the suspects from approaching them and fired warning shots.”
Image: Palestinians mourn a loved one following the incident near the aid centre. Pic: Reuters
Mother’s despair over shooting
Somia Alshaar told Sky News her 17-year-old son Nasir was shot dead while visiting the aid centre after she told him not to go.
She said: “He went to get us tahini so we could eat.
“He went to get flour. He told me ‘mama, we don’t have tahini. Today I’ll bring you flour. Even if it kills me, I will get you flour’.
“He left the house and didn’t return. They told me at the hospital: your son…’Oh God, oh Lord’.”
Asked where her son was shot, she replied: “In the chest. Yes, in the chest.”
Image: Somia Alshaar, pictured with her daughter, says her son was shot dead. Pic: Reuters
‘A policy of mass murder’
Hassan Omran, a paramedic with Gaza’s ministry of health, told Sky News after the incident that humanitarian aid centres in Gaza are now “centres of mass death”.
Speaking in Khan Younis, he said: “Today, there were more than 150 injuries and more than 20 martyrs at the aid distribution centres… the Israeli occupation deliberately kills and commits genocide. The Israeli occupation is carrying out a policy of mass murder.
“They call people to come get their daily food, and then, when citizens arrive at these centres, they are killed in cold blood.
“All the victims have gunshot wounds to the head and chest, meaning the enemy is committing these crimes deliberately.”
Israel has rejected genocide accusations and denies targeting civilians.
Image: Two boys mourn their brother at Nasser Hospital in Khan Younis. Pic: Reuters
‘Lies being peddled’
The Gaza Humanitarian Foundation (GHF), the controversial US and Israeli-backed group which operates the distribution centre near Rafah, said: “Hamas is claiming there was violence at our aid distribution sites today. False.
“Once again, there were no incidents at or in the immediate vicinity of our sites.
“But that’s not stopping some from spreading the lies being peddled by ‘officials’ at the Hamas-controlled Nasser Hospital.”
The Red Cross said its field hospital in Rafah has recorded more than 250 fatalities and treated more than 3,400 “weapon-wounded patients” since new food distribution sites were set up in Gaza on 27 May.
Image: Palestinians inspect the wreckage after an Israeli airstrike in Deir al Balah. Pic: AP
It comes after four children and two women were among at least 13 people who died in Deir al Balah, in central Gaza, after Israeli strikes pounded the area starting late on Friday, officials in Al Aqsa Martyrs hospital in the territory said.
Fifteen others died in Israeli airstrikes in Khan Younis, in southern Gaza, according to Nasser Hospital.
The Israel Defense Forces (IDF) has not responded to a request for comment on the reported deaths.
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Israeli has been carrying out attacks in Gaza since Hamas-led militants killed some 1,200 people and took 251 hostages on 7 October 2023.
Hamas still holds 50 hostages, with fewer than half of them believed to be alive, after most of the rest were released in ceasefire agreements or other deals.
Israel’s offensive in Gaza has killed more than 57,000 Palestinians, more than half of them women and children, according to Gaza’s health ministry, which does not distinguish between civilians and combatants in its count.
US President Donald Trump has said he is closing in on another ceasefire agreement that would see more hostages released and potentially wind down the war.
But after two days of talks this week with Israeli Prime Minister Benjamin Netanyahu, there were no signs of a breakthrough.
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The latest fatalities in Gaza comes as a 20-year-old Palestinian-American man was beaten to death by settlers in the Israeli-occupied West Bank on Friday, the Palestinian Health ministry said.
Sayafollah Musallet, also known as Saif, was killed during a confrontation between Palestinians and settlers in Sinjil, north of Ramallah, the ministry said.
A second man, Hussein Al-Shalabi, 23, died after being shot in the chest.
Mr Musallet’s family, from Tampa Florida, has called on the US State Department to lead an “immediate investigation”.
A State Department spokesperson said it was aware of the incident but it had no further comment “out of respect for the privacy of the family and loved ones” of the reported victim.
The Israeli military said the confrontation broke out after Palestinians threw rocks at Israelis, lightly injuring them.
As investigators continue to piece together the full picture, early findings of the Air India crash are pointing towards a critical area of concern — the aircraft’s fuel control switches.
The flight, bound for London Gatwick, crashed just moments after taking off from Ahmedabad airport on 12 June, killing all but one of the 242 people on board the plane and at least 19 on the ground.
According to the preliminary report by India’s Aircraft Accident Investigation Bureau (AAIB), the two engine fuel control switches on the plane were moved from the “RUN” to “CUTOFF” position.
These switches control fuel flow to the engines and should only be used when the aircraft is on ground, first to start the engines before a flight and later to shut them down at the gate.
They are designed so they’re unlikely to be changed accidentally, pointing to possible human error on the Air India flight.
The findings include the final conversation between the pilots and show there was confusion in the cockpit as well.
When one pilot asked the other why he cut off the fuel, he responded to say he did not do so.
Image: The Air India plane before the crash. Pic: Takagi
Moments later, a Mayday call was made from the cockpit, but the plane could not regain power quickly enough and plummeted to the ground.
Captain Amit Singh, founder of Safety Matters Foundation, an organisation dedicated to aviation safety, told Sky News: “This exchange indicates that the engine shutdowns were uncommanded.
“However, the report does not identify the cause – whether it was crew error, mechanical malfunction, or electronic failure.”
Previous warning of ‘possible fuel switch issue’
“The Boeing 787 uses spring-loaded locking mechanisms on its fuel control switches to prevent accidental movement,” Mr Singh explained.
But a previous bulletin from the Federal Aviation Administration (FAA) “warned that these switches might be installed with the locking feature disengaged,” he said.
This could “make them susceptible to unintended movement due to vibration, contact, or quadrant flex”, he added.
Image: The plane’s tail lodged in a building. Pic: Reuters
Speaking to Sky News, aviation expert Terry Tozner said: “The take-off was normal, the aircraft rotated at the correct speed left the ground and almost immediately, the cut-off switches were selected to off, one then two.
“But nobody has said with any clarity whether or not the latch mechanisms worked okay on this particular aircraft. So we can only assume that they were in normal working order.”
In India, there has been a backlash over the findings, with some saying the report points to pilot error without much information and almost dismisses the possibility of a mechanical or electric failure.
Indian government responds
India’s civil aviation minister Kinjarapu Ram Mohan Naidu has been quick to respond, saying: “We care for the welfare and the wellbeing of pilots so let’s not jump to any conclusions at this stage, let us wait for the final report.
“I believe we have the most wonderful workforce of pilots and crew in the whole world.”
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0:34
India plane crash survivor carries brother’s coffin
Both pilots were experienced, with around 19,000 flying hours between them, including more than 9,000 on Boeing 787s.
The report says the aircraft maintenance checks were on schedule and that there are no signs of fuel contamination or a bird strike.
So far, no safety recommendations have been issued to Boeing or General Electric, the engine manufacturers.
Concern over destroyed flight recorder
Mr Singh said “the survivability of the flight recorders also raises concern”.
The plane’s rear flight recorder, designed to withstand impact forces of 3,400 Gs and temperatures of 1,100C for 60 minutes, “was damaged beyond recovery”.
“The Ram Air Turbine (RAT), which deploys automatically when both engines fail and power drops below a threshold, was observed as deployed in CCTV footage when the aircraft was approximately 60ft above ground level,” Mr Singh said.
“This suggests that the dual engine failure likely occurred before the official timestamp of 08:08:42 UTC, implying a possible discrepancy.”
Image: India’s Prime Minister Narendra Modi visiting the crash site. Pic: X/AP
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Mr Singh said it was also “of particular note” that the plane’s emergency locator transmitter (ELT) did not send any signal after the crash.
“Was the ELT damaged, unarmed, mis-wired, or malfunctioning?” he said.
The report has generated more questions than answers on topics including human error, power source failures and mechanical or electrical malfunction.
The final report is expected to take a year. Meanwhile, families grapple with the unimaginable loss of loved ones in one of the worst disasters in India’s aviation history.
Donald Trump has announced he will impose a 30% tariff on imports from the European Union from 1 August.
The tariffs could make everything from French cheese and Italian leather goods to German electronics and Spanish pharmaceuticals more expensive in the US.
Mr Trump has also imposed a 30% tariff on goods from Mexico, according to a post from his Truth Social account.
Announcing the moves in separate letters on the account, the president said the US trade deficit was a national security threat.
In his letter to the EU, he wrote: “We have had years to discuss our trading relationship with The European Union, and we have concluded we must move away from these long-term, large, and persistent, trade Deficits, engendered by your tariff, and non-Tariff, policies, and trade barriers.
“Our relationship has been, unfortunately, far from reciprocal.”
In his letter to Mexico, Mr Trump said he did not think the country had done enough to stop the US from turning into a “narco-trafficking playground”.
The president of the European Commission, Ursula von der Leyen, said today that the EU could adopt “proportionate countermeasures” if the US proceeds with imposing the 30% tariff.
Ms von der Leyen, who heads the EU’s executive arm, said in a statement that the bloc remained ready “to continue working towards an agreement by Aug 1”.
“Few economies in the world match the European Union’s level of openness and adherence to fair trading practices,” she continued.
“We will take all necessary steps to safeguard EU interests, including the adoption of proportionate countermeasures if required.”
Ms von der Leyen has also said imposing tariffs on EU exports would “disrupt essential transatlantic supply chains”.
Meanwhile, Dutch Prime Minister Dick Schoof said on the X social media platform that Mr Trump’s announcement was “very concerning and not the way forward”.
He added: “The European Commission can count on our full support. As the EU we must remain united and resolute in pursuing an outcome with the United States that is mutually beneficial.”
Mexico’s economy ministry said a bilateral working group aims to reach an alternative to the 30% US tariffs before they are due to take effect.
The country was informed by the US that it would receive a letter about the tariffs, the ministry’s statement said, adding that Mexico was negotiating.
The US imposed a 20% tariff on imported goods from the EU in April but it was later paused and the bloc has since been paying a baseline tariff of 10% on goods it exports to the US.
In May, while the US and EU where holding trade negotiations, Mr Trump threated to impose a 50% tariff on the bloc as talks didn’t progress as he would have liked.
However, he later announced he was delaying the imposition of that tariff while negotiations over a trade deal took place.
As of earlier this week, the EU’s executive commission, which handles trade issues for the bloc’s 27-member nations, said its leaders were still hoping to strike a trade deal with the Trump administration.
Without one, the EU said it was prepared to retaliate with tariffs on hundreds of American products, ranging from beef and auto parts to beer and Boeing airplanes.