Inside Geneva: a look into South Africa’s genocide case against Israel

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The International Court of Justice (the United Nations’ top court) is considering charges of genocide against Israel. The case was brought by South Africa.

Adila Hassim, the lawyer for South Africa, says: “Palestinians are subjected to relentless bombing. They are killed in their homes, in places where they seek shelter, in hospitals, in schools, in mosques, in churches and as they try to find food and water for their families.”

Israel is defending itself with vigour.

“What Israel seeks by operating in Gaza is not to destroy people but to protect people, its people. In these circumstances there can hardly be a charge more false and more malevolent than the accusation against Israel of genocide,” says Tal Becker, a lawyer for Israel.

Inside Geneva asks if this is really a case for the UN’s top court.

Margaret Satterthwaite, UN special rapporteur on the independence of judges and lawyers: “This is a case about asserting humanity, and in fact asserting law over war. The purpose of the UN is to prevent disputes from turning into armed conflict. […] And the ICJ is there to help resolve disputes and to prevent war.”

Can that really work? Or will this high-profile case simply distract from other human rights violations?

“People feel like if you don’t call it genocide then it’s not serious and that’s a mistake. Crimes against humanity are incredibly severe,” says Ken Roth of the Harvard Carr Centre for Human Rights Policy.

The ICJ’s final verdict will take years. There is no right of appeal, and member states are obliged to comply. But the ICJ has no power to enforce.

“There’s not a UN police force running around making sure that states comply with their international law obligations,” concludes Satterthwaite.

Join host Imogen Foulkes on our Inside Geneva podcast to learn more about the case.

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