South Africa Presents Genocide Case Against Israel in Court

Welcome back to World Brief, where we’re looking at the first day of proceedings in South Africa’s genocide case against Israel at the International Court of Justice, an oil tanker seized by Iran, and Papua New Guinea’s state of emergency.

“Intent to Destroy”

South Africa began presenting its case against Israel at the International Court of Justice (ICJ) on Thursday, accusing the country of committing “genocidal acts” against Palestinians in the Gaza Strip. In an 84-page document filed in late December 2023, Pretoria argued that Israel’s actions in Gaza are intended to destroy “a substantial part of the Palestinian national, racial and ethnical group” in a direct violation of the 1948 Genocide Convention. “The intent to destroy Gaza has been nurtured at the highest level of state,” Tembeka Ngcukaitobi, a lawyer for South Africa’s High Court, told the ICJ.

In its filing, South Africa listed eight Israeli actions against Palestinians in Gaza that it asserted are genocidal in nature:

(1) Killing Palestinians, including children, in large numbers

(2) Causing serious bodily and mental harm to Palestinians, including children, and inflicting on them conditions of life intended to bring about their destruction as a group

(3) Causing mass displacement and expulsion of Palestinians from their homes, alongside the large-scale destruction of homes and residential areas

(4) Depriving Palestinians of access to adequate food and water

(5) Depriving Palestinians of access to adequate medical care

(6) Depriving Palestinians of access to adequate shelter, clothes, hygiene, and sanitation

(7) Causing destruction of life for the Palestinian people

(8) Imposing measures intended to prevent Palestinian births

The filing also documents statements by Israeli officials and others, which it says establish genocidal intent on the part of the Israeli state—a key component of genocide cases in international law.

Israeli President Isaac Herzog condemned South Africa’s allegations on Tuesday, calling them “atrocious and preposterous.” Israel is expected to argue on Friday that military strikes against Hamas, which it deems a terrorist organization, fall under the nation’s right to self-defense under international law. “Israel is at war with Hamas, not with the people of Gaza,” the Israeli Foreign Ministry wrote in an issued statement on the Israel Defense Forces website. “It is committed to conducting its operations in accordance with international law … and wishes no harm to Palestinian civilians anywhere.”

The court will not determine if Israel is committing genocide. Instead, it will assess whether South Africa’s case is strong enough to implement measures to protect Palestinians from “further, severe and irreparable harm,” such as an order for Israel to halt all military attacks that violate the convention, including strikes that kill or harm Palestinians, and to facilitate the delivery of humanitarian aid into Gaza. The ICJ’s rulings are technically legally binding on all parties to the court, which include South Africa and Israel, but enforcement can often be difficult, if not impossible.

The United Nations Security Council has the authority to enforce ICJ orders. However, nations with veto power, such as the United States, can block or curtail council efforts that oppose their own or their allies’ policies. Since war began on Oct. 7, Washington has vetoed numerous Security Council efforts to establish a cease-fire in Gaza. The United States is Israel’s closest ally.

Pretoria is expected to use a similar ICJ case that Ukraine filed against Russia in February 2022 as precedent. However, a court decision will likely not be made for weeks.

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What We’re Following

An eye for an eye. Iran captured an oil tanker en route to Turkey in the Gulf of Oman on Thursday in retaliation for a similar seizure by the United States last year. In September 2023, U.S. forces confiscated Suez Rajan for allegedly transporting Iranian oil in violation of international sanctions. Tehran warned Washington that its actions would “not go unanswered.” Sure enough, armed Iranian naval forces took control of the same Marshall Islands-flagged vessel, now named St. Nikolas, including its 145,000 metric tons of Iraqi crude.

Commercial shipping has become a prime geopolitical target in recent months as Iranian-backed Houthi militants in Yemen launch dozens of missile and drone strikes against ships in the Red Sea that are allegedly connected to Israel. Attacks have spurred maritime shipping companies to divert their vessels elsewhere or suspend routes entirely, drastically impeding the global supply chain and exacerbating security threats in the Middle East.

Fair compensation. Papua New Guinea declared a 14-day state of emergency on Thursday after at least 16 people were killed in deadly riots across the country. Hundreds of police officers, soldiers, and public servants gathered on Wednesday to protest unexplained pay deductions of roughly $100, which Prime Minister James Marape said was due to an administrative error and would be corrected in February’s paychecks.

Marape placed more than 1,000 troops on standby to prepare for more potential violence and suspended Chief of Police David Manning as well as other top officials in the finance and treasury departments. High unemployment, rising costs of living, and a surge in violent crimes have all contributed to the Pacific island nation’s heightened tensions.

Keeping the gates closed. Finland announced on Thursday that it will extend its border closure with Russia for another month. The 830-mile border was set to reopen on Jan. 15, but fears of a migrant crisis remain. Helsinki has accused Moscow of facilitating asylum crossings into the Nordic nation, which the Kremlin denies. Around 900 migrants from across Africa and the Middle East entered Finland in November 2023 via this border.

Finland’s eastern border has been the source of much contention following the start of Russia’s full-scale invasion of Ukraine in February 2022. Helsinki applied to join NATO in May of that year, partly to protect its border from possible Russian military attacks. This same border forced Finland to carefully balance relations between Russia and the West under a decadeslong Cold War policy known as Finlandization, a practice it has since abandoned in favor of NATO membership.

Odds and Ends

Hop on the steamroller blues and make your way to the Australian outback for the world’s largest Elvis Presley festival. Beginning Thursday, hundreds of sequin-wearing fans will celebrate the King’s life with parades, look-alike contests, and music galore. This year’s theme is Jailhouse Rock after the 1957 musical romance starring the legend himself. We can’t help falling in love.

Update, Jan. 11, 2024: This article has been updated to best reflect which South African city represents its executive capital.