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South Africa has filed a complaint before the International Court of Justice accusing Israel of committing acts of genocide in its aggression against the Gaza Strip. Why South Africa?

What can the Court of Justice do?

South Africa has asked the International Court of Justice to issue "interim measures," urgent judicial orders for application, as the court considers the substance of the case, which could take years.

Cecilie Rose, an assistant professor of international law at Leiden University, explains: "At the precautionary stage the court will not determine whether there is a genocide taking place in Gaza."

"The court will only determine whether there is a risk of irreparable harm to the rights contained in the Genocide Convention, in particular the right of Palestinians in Gaza to be protected from acts that threaten their existence as a group," Rose told AFP.

Pretoria has asked the court to issue several orders, including that Israel "immediately suspend" its offensive in the Gaza Strip, end displacement, allow humanitarian access and preserve evidence.

The International Court of Justice can impose or reject the measures demanded by Pretoria or issue other completely different orders, and may also determine that it is not competent in this case.

And then what?

Decisions by the International Court of Justice (the UN's highest judicial body) are final and cannot be appealed by states, but the court has no means of enforcing them.

Erik de Prabandir, professor of international law at Leiden University, stresses that "the limitations of international justice must be accepted, as it works, but its effectiveness requires political will that is not always present."

For example, the International Court of Justice ordered Russia to halt its invasion of Ukraine a month after the war began in February 2022.

After deciding whether to issue urgent interim measures, the court will consider the merits of the case, namely South Africa's accusation that Israel has violated the Convention on the Prevention of the Crime of Genocide.

Celine Bardet, an expert on international law and war crimes, said any decision would have "symbolic connotations".

"This will remind the world that states are also responsible, and this is important," she told AFP, adding: "This may also allow states to take measures following the decision by, for example, imposing sanctions."

What time limits?

The ICJ is not quick with its decisions, but requests for "interim measures" take precedence over all other cases, and the decision may come relatively quickly, in a matter of weeks.

In contrast, a decision on the substance of the case may take several years.

The slowness of international tribunals poses problems and is no longer "in line with today's world", Bardet said.

Why South Africa?

South Africa and Israel are signatories to the Convention on the Prevention and Punishment of the Crime of Genocide, adopted in 1949 in response to the genocide of Jews during World War II.

Each signatory state has the right to prosecute another state before the International Court of Justice if it disagrees on the "interpretation, application or respect" of rules aimed at preventing acts of genocide.

South Africa said it was "fully aware of the scale of responsibility for initiating prosecutions against Israel for violating the Convention on the Prevention of the Crime of Genocide".

She stressed that "the circumstances could not be more urgent," arguing that "Israel is waging a particularly fierce military campaign," but considers that any armed attack "no matter how dangerous" cannot justify violating the agreement.

South Africa has long supported the Palestinian cause, as the ruling African National Congress in Pretoria often links it to its struggle against apartheid, and diplomatic relations between Israel and South Africa have been severed because of this.

What other issues?

The International Court of Justice (ICJ) hears disputes between states, often confused with the International Criminal Court, also based in The Hague, which prosecutes war crimes and crimes against humanity committed by individuals.

ICC prosecutor Karim Khan has launched an investigation into the events in Gaza and vowed to "intensive" efforts.

Five countries, including South Africa, in November requested an ICC investigation into the conflict in the Gaza Strip, and Khan said his team had gathered a "large number" of evidence.

The UN has asked the International Court of Justice to consider the legal repercussions of Israeli operations in the Palestinian territories.

In this context, the court will issue an advisory opinion that will not cover the military operation that followed October 7.

Source : Al Jazeera + French