Israel on trial

What could it mean for the Jewish state?

What is South Africa asking the court for?

At this stage, to open a case of genocide against Israel and to issue urgent provisional orders designed to mitigate its impact.

What is the nub of South Africa’s case for Israel committing genocide?

In an 84-page pre-trial filing sent to the court on Dec 29, South Africa says that by killing Palestinians in Gaza and by creating conditions of life “calculated to bring about their physical destruction”, Israel is committing genocide against them.

It says this is not random but planned, and places its charges “in the broader context of Israel’s conduct towards Palestinians during its 75-year-long apartheid”.

Does South Africa have enough evidence?

This is for the court to decide, but it is possible.

Not only have a huge number of non-combatants been killed while asleep in their beds, but people have been shot while waving white flags and many civic buildings without military value, such as universities and courthouses, have been destroyed while empty.

But the strongest evidence of intent to cause genocide may come from statements made by Israel’s leaders themselves, according to the South African filing.

What have Israeli politicians and officials said that points to genocide’?

The South Africans provide six pages of examples. Some of the most notable include:

Benjamin Netanyahu, the Israeli prime minister, called on IDF troops to “operate forcefully everywhere” and compared Palestinians with the Amalek, a biblical nation that God instructed the Israelites to destroy. The biblical verse states: “Now go and smite Amalek … kill both man and woman, infant.”

Isaac Herzog, Israel’s president, said Palestinians as a group were the target. At a press conference on

Oct 12, he said: “It’s an entire nation out there that is responsible. It’s not true this rhetoric about civilians not aware, not involved. It’s absolutely not true … and we will fight until we break their backbone.”

Yoav Gallant, the defence minister, announced that he had “removed every restriction” on Israeli forces. In a situation update, on Oct 9, he declared that Israel was “imposing a complete siege on Gaza. No electricity, no food, no water, no fuel. Everything is closed”.

He then added: “We are fighting human animals and we are acting accordingly.”

What is Israel’s defence?

The foreign ministry has described South Africa’s case as “blood libel” and a “despicable and contemptuous exploitation” of the court.

Israel’s legal team will argue in court that all the action it has taken in Gaza has been in self-defence and that Hamas is its only target.

It will argue that it has acted proportionately given the scale of the attack by Hamas on Israel on Oct 7 in which it killed more than 1,000 people and abducted 240 more.

It will also say that it has gone to lengths to move civilians out of harm’s way and has co-operated with the UN and others to allow aid into the area.

“We will be there at the International Court of Justice [ICJ] and will present proudly our case of using self-defence under our most inherent right under international humanitarian law,” Mr Herzog said.

How long will the court take to make up its mind?

The case will be heard in the Hague today and tomorrow. The judges will then retire to consider if there is a prima facie case of genocide and, if so, what provisional measures they should order to mitigate its possible impact.

Judgment is likely within weeks – a month or two at most. If the case goes forward, it will roll on for many years.

What is the jeopardy for Israel if the case goes ahead?

The impact of the case going forward could be severe. The court’s rulings are legally binding even if it has no power to enforce them.

Domestic law in many countries limits engagement with countries that are in breach of ICJ rulings, most notably in the provision of arms.

Legal experts also say an ongoing case of genocide against Israel in the ICJ may also embolden the separate International Criminal Court in the Hague to pursue charges of war crimes against individuals in Israel more aggressively.