The Hindu: Published on 21st July 2025:
Why in News?
In January 2024, South Africa filed a case against Israel at the International Court of Justice (ICJ), alleging that Israel's military operations in Gaza amounted to genocide. This move came just months after the October 7, 2023 Hamas attacks and amid a worsening humanitarian crisis in Gaza. The ICJ has since issued provisional measures, indicating a plausible risk of genocide — making it a major flashpoint in global diplomacy and international law.
What is Genocide in International Law?
Definition: Coined by Raphael Lemkin in 1944 and codified in the 1948 Genocide Convention, genocide is defined as acts committed with the intent to destroy, in whole or in part, a national, ethnic, racial, or religious group.
Legal Standards:
- Actus Reus (physical acts): Includes killings, serious harm, deprivation of resources, and prevention of births.
- Mens Rea (mental intent): A specific intent to destroy the group as such.
- Erga Omnes Obligation: All countries have a duty to prevent and punish genocide, even if not directly involved.
Why Did South Africa Take Israel to the ICJ?
South Africa acted under its obligations as a party to the Genocide Convention.
It cited statements by Israeli leaders, indiscriminate bombings, and blockades on essential supplies as signs of genocidal intent.
South Africa accuses Israel of "weaponising" humanitarian law to justify mass civilian harm and target civilian infrastructure under the guise of military operations.
Is There Genocidal Intent? (Debated Dimension)
Evidence Presented:
Destruction of 90% of educational infrastructure.
Over 58,000 people killed, including 17,000+ children.
Public statements from Israeli officials referring to Palestinians as “human animals” or promising to reduce Gaza to “rubble”.
Reports of starvation, attacks on aid convoys, and forced displacement.
Challenges:
The ICJ requires genocidal intent to be the only reasonable inference, a very high evidentiary bar.
However, international tribunals (ICTY, ICTR) have held that genocidal intent may coexist with military or security motives.
What Do Global Experts Say?
UN officials, rights groups like Amnesty International and Human Rights Watch, and genocide scholars (including Israeli ones) have suggested Israel’s actions may meet the legal threshold for genocide.
Francesca Albanese, UN Special Rapporteur, claims Israel has systematically erased civilian life from Gaza.
Some jurists argue the scale and pattern of violence, along with inflammatory rhetoric, justifies a presumption of genocidal intent.
What Role Can the UN Play?
The ICJ’s provisional measures are binding, but Israel has not complied.
Under Article 6 of the UN Charter, a member state can be suspended or expelled for consistent Charter violations.
In 2024, the UNGA passed a resolution calling for sanctions and an arms embargo on Israel.
However, UNSC action is blocked due to repeated U.S. vetoes, undermining multilateral enforcement.
What Are Powerful Countries Doing?
United States continues to shield Israel at the UN Security Council, despite increasing global condemnation.
France, Germany, U.K., Canada have offered only diplomatic criticisms.
No major Western power has backed economic or military sanctions, despite credible genocide allegations.
What Lies Ahead?
The ICJ verdict will take years, and by then, damage to Gaza may be irreversible.
The genocide case is being viewed as a test case for the "rules-based international order".
If justice is delayed and enforcement blocked, it could severely damage faith in international law, particularly among Global South nations.
