Why South Africa Is Bringing a Case Against Israel
January 9, 2024 Hey there, Meteor readers, My new Panda Planner arrived in the mail over the weekend, and I can truly begin 2024 in earnest now that I have this oversized book to store my five different kinds of to-do lists. In the words of Issa Rae, “I am about to be so much better. That text? Responded to. That email? Answered. That project? Finished. That other project? Started.” In today’s newsletter, we look at the charges being levied against the Israeli government, the Golden Globes, and a little bit of good news. This opener? Signed off, Shannon Melero WHAT’S GOING ONDetermining genocide: On Thursday, the International Court of Justice in the Hague will begin hearings on the question of whether the Israeli government is guilty of carrying out genocide against Palestinians since the Hamas attack on October 7. The case, brought to the ICJ by South Africa, could be the first step in establishing a long-lasting ceasefire since a portion of the suit requests that certain immediate provisions—including a suspension of Israel’s campaign in Gaza—be made by the court. (Both Israel and the United States have called the suit “meritless.”) While it may seem odd that South Africa, a country with no obvious skin in the game between Hamas and Israel, would bring such a suit, the African National Congress has been a supporter of Palestine for decades (due to its own well-known history of enduring and eventually ending apartheid, the same policy that the United Nations has said Israel is carrying out in the Palestinian territories). Any territory that is a member of the United Nations and agrees to its treatises and jurisdiction can bring forth a suit against another member nation. And both South Africa and Israel are signatories of the 1948 Genocide Convention, which prohibits any signing nation from committing genocide. (The U.S. is also a signatory.) But while this case could prompt a ruling on whether or not Israel broke the treaty and committed genocide, it is not a criminal case and thus cannot dole out punishment for war crimes, something that would have to be decided by the International Criminal Court. Also worth knowing: South Africa’s suit focuses on military actions carried out against non-combatant groups—chief among them children—over the course of years. The lawsuit cites findings from the UNHRC’s 2019 Independent Commission of Inquiry, which found “reasonable ground to believe” that Israeli snipers “‘intentionally shot’ children knowing them to be children” as well as health workers and journalists. It also cites the disproportionately high deaths of journalists over the last two months illustrating that, “Palestinian journalists are being killed at a rate significantly higher than has occurred in any conflict in the past 100 years.” Looking for a quick decision on all this? Don’t. Hearings begin this Thursday and will continue into Friday, but those “prima facie” proceedings will only decide whether the case goes forward at all, and whether provisional measures can be implemented. That’s important—those measures could lessen the severity of the situation within a matter of weeks while the ICJ continues to deliberate—but an ultimate determination about the genocide classification will take years. ALSO IN THE NEWS AND:
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