What to know: South Africa's genocide case against Israel at ICJ

Legal Compliance

Israel is defending itself in the United Nations’ highest court Thursday against allegations that it is committing genocide with its military campaign in Gaza.

South Africa asked the International Court of Justice to order Israel to immediately stop the war, alleging it has violated the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, which was drawn up in the aftermath of World War II and the Holocaust.

The convention defines genocide as acts such as killings “committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group.”

South Africa’s 84-page filing says Israel’s actions “are genocidal in character because they are intended to bring about the destruction of a substantial part” of the Palestinians in Gaza.

It asks the ICJ for a series of legally binding rulings declaring that Israel is breaching “its obligations under the Genocide Convention,” and ordering Israel to cease hostilities, offer reparations, and provide for the reconstruction of all it has destroyed in Gaza.

The filing argues that genocidal acts include killing Palestinians, causing serious mental and bodily harm, and deliberately inflicting conditions meant to “bring about their physical destruction as a group.” And it says Israeli officials have expressed genocidal intent.

During opening arguments, South African lawyers said the latest war is part of decades of Israeli oppression of Palestinians.

Many South Africans, including President Cyril Ramaphosa, compare Israel’s policies regarding Palestinians in Gaza and the West Bank with South Africa’s past apartheid regime of racial segregation. Israel rejects such allegations.

Israel, which was founded in the aftermath of the Holocaust, has denounced the genocide claim. The Foreign Ministry said South Africa’s case lacks legal foundation and constitutes a “despicable and contemptuous exploitation” of the court.

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Nicholas C. Minshew - Minshew & Ahluwalia LLP

Nicholas C. Minshew, Attorney at Law, concentrates his practice in the area of Family Law including divorce, separation, child support, child custody, alimony, division of property, separation agreements, domestic violence, prenuptial agreements, and child support enforcement & modification. Mr. Minshew provides legal services to clients in Washington, D.C., and throughout Maryland, including Montgomery County, Frederick County, and Prince George’s County. Mr. Minshew obtained his Juris Doctorate degree from the American University, Washington College of Law in 2000, where he worked as an editor for the Administrative Law Review. After receiving his law degree, Mr. Minshew worked as an attorney for the global law firm of Morgan, Lewis & Bockius LLP, and for Leonard Street & Deinard LLP representing companies in Federal proceedings. During that time, Mr. Minshew redirected his focus to provide legal services directly to individuals and families.