South Africa alleges Israel’s actions are genocidal in character because they are intended to bring about the destruction of a substantial part of Palestinians in Gaza. These 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.

In 2021, the imminent threat of forced eviction of Palestinian families from their homes provoked unrest in and around the Old City of Jerusalem. Later, Israeli forces killed 10 Palestinians, the highest number recorded at that time by the UN in a single day. Since then the conditions have worsened, and according to the available evidence, to date, more than 34500 Palestinians have been killed in Gaza and over 77700 Palestinians injured, while deadly clashes have resumed in the occupied West Bank.

Under the current conditions, South Africa’s position is that if no other nation is prepared to take on Israel over its war in Gaza, then they will. Having lived under apartheid for decades, South Africans know what it is to be oppressed without the rights of the ruling power. As the former UN Human Rights Commissioner and judge, Ms. Pillay, has emphasized, the current situation provides evidence of war crimes and genocide, which was also experienced in her own country.

South Africa alleges Israel’s actions are genocidal in character because they are intended to bring about the destruction of a substantial part of Palestinians in Gaza. These 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.

South Africa says that the thousands of Palestinian women and children killed by Israel had nothing to do with Hamas’s attack, arguing that Israel is involved in collective punishment of the 2.3 million people of Gaza and those in the West Bank. It is also argued that preventing water, food, and medicines entering Gaza is itself a war crime.

South Africa argues that even before the devastating civilian casualties being suffered by those in Gaza, Palestinians in the West Bank and Gaza have been living under Israeli military occupation in the case of the West Bank and a crippling blockade which controls movement in the case of Gaza. However, Israel is not alone in violating human rights and seems to be supported by major powers. This is the disturbing issue from South Africa’s point of view, as one country continues to violate international law with the help of powerful States who say they support human rights.

In the meantime, Ms. Pillay said South Africa’s recent petition to the International Court of Justice (ICJ) alleging that Israel’s actions in Gaza violate the Genocide Convention signals a significant development in the application of universal jurisdiction.

As Ms. Pillay said, “Israel would not have been able to continue with this level of actions against Palestinians [and] violations of Palestinian rights had they not had the help of other States in terms of military aid”.