South African legal representatives have formally presented hundreds of documents proving Israeli genocidal acts to the people in Gaza to the International Court of Justice (ICJ).
The documents, which include 750 pages of claims and 4,000 annexed pages, detail the "undeniable evidence" collected by South African diplomats and legal experts about the ongoing and escalating Israeli genocide and incitement to genocidal acts in Gaza. (Related: South Africa calls for immediate halt to Israel's military offensive in Rafah.)
The documents submitted on Oct. 28 also include recorded statements from National Security Minister Itamar Ben-Gvir and other prominent Israeli officials during the "Preparing to Settle in Gaza" conference earlier this month. During the conference, Israeli officials discussed strategies for potential changes in the demography and land use in Gaza.
"[We will] tell them, 'We are giving you the chance, leave from here to other countries'," Ben-Gvir said during the conference, an event organized by the extremist Nachala Settlement Movement and supported by Israel's ruling Likud party. "The Land of Israel is ours." This line is just one of the many included in the document, which aims to expose the pattern of mass casualties in Gaza.
The legal case initially began in December 2023 with an 84-page petition to the ICJ calling for an immediate halt to Israeli operations in Gaza. Over the months, this document has evolved and now it includes video evidence, statements from Israeli politicians and visual documentation of alleged destruction in Palestinian areas.
A textbook case of genocide
South Africa legal representatives believe these "undeniable evidence" are more than enough to sustain their case.
"It's a textbook case of genocide," Zane Dangor, the director-general of South Africa's Department of International Relations and Cooperation said, adding that the "intent is clear." "Genocidal acts without intent can be crimes against humanity. But here, the intent is just front and center. You are seeing statements from leaders, but also ordinary Israelis saying 'kill all Gazans, even the babies'."
However, Professor Cathleen Powell of international law at the University of Cape Town said the primary challenge for South Africa is to prove the genocidal intent of Israel and link the comments made by officials and the programmatic nature of the destruction of Gaza. She clarified that she believes war crimes are happening in Gaza, but South Africa has to prove Israel is responsible.
"If they can find genocidal statements from state officials and show that that directly led to a particular program that led to destruction on the ground, then that's probably a very strong case, but it is a very difficult link to prove," Powell said. "It is difficult to attribute the intent of officials to the state. You have to find something different on behalf of the state [of Israel] to show genocidal intent."
Moreover, legal insiders claim that the success of South Africa hinges on proving genocidal intent rather than merely demonstrating widespread harm. The legal threshold for genocide requires that the state itself harbored the intent to destroy a particular group. If South Africa cannot establish this specific intent, its case may falter.
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Watch this video explaining how the ICJ ruled that Israel's settlements in the West Bank are illegal.
This video is from the alltheworldsastage channel on Brighteon.com.
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South Africa files GENOCIDE case against Israel: here's what you need to know.
South Africa accuses Israel of violating its obligations under the Genocide Convention.
13 Countries join South Africa's case against Israel on genocide in Gaza.
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