South Africa V. Israel: Examining The Genocide Allegations And ICJ Provisional Measures

Chahak Sharma, Bharati Vidyapeeth New Law College Pune

ABSTRACT

This article examines the legal and geopolitical dimensions of the Israel- Palestine conflict, focusing on South Africa’s case against Israel at the International Court of Justice (ICJ) over alleged violations of the Genocide Convention. The historical roots of the conflict, beginning with British colonialism and the 1947 UN Partition Plan, provide context for ongoing territorial disputes and hostilities. Key legal frameworks include the Geneva Conventions and the Genocide Convention, with the ICJ ordering provisional measures against Israel following Hamas' October 2023 attacks and Israel's subsequent military actions.

South Africa's legal claims centre on violations of Article 2 of the Genocide Convention, alleging genocidal intent by Israel in its military operations in Gaza. Israel disputes these allegations, citing self-defence and attributing responsibility to Hamas. Despite the ICJ's ruling, Israel has continued its military activities, raising concerns about international law compliance.

The article also highlights South Africa's foreign policy contradictions, particularly its engagement with figures accused of genocide, undermining its credibility in advocating for international justice. This analysis underscores the complexity of achieving accountability in the Israel- Palestine conflict while navigating broader geopolitical and legal challenges.