South Africa launches case at top UN court accusing Israel of genocide in Gaza

The exterior view of the International Criminal Court is pictured in The Hague, Netherlands. (File/AP)
The exterior view of the International Criminal Court is pictured in The Hague, Netherlands. (File/AP)
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Updated 30 December 2023
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South Africa launches case at top UN court accusing Israel of genocide in Gaza

South Africa launches case at top UN court accusing Israel of genocide in Gaza
  • South Africa asked the court to order Israel to halt its attacks
  • South Africa’s submission alleges that acts and omissions by Israel are genocidal in character

LONDON: South Africa launched a case Friday at the United Nations’ top court accusing Israel of genocide against Palestinians in Gaza and asking the court to order Israel to halt its attacks. 
South Africa’s submission to the International Court of Justice alleges that “acts and omissions by Israel ... are genocidal in character” as they are committed with the intent “to destroy Palestinians in Gaza” as a part of the broader Palestinian national, racial and ethnic group.
South Africa has been a fierce critic of Israel’s military campaign in Gaza. Many there including President Cyril Ramaphosa have compared Israel’s policies regarding Palestinians in Gaza and the West Bank with South Africa’s past apartheid regime of racial segregation.
South Africa asked the Hague-based court to issue an interim order for Israel to immediately suspend its military operations in Gaza. A hearing into that request is likely in the coming days or weeks. The case, if it goes ahead, will take years, but an interim order could be issued within weeks.
South Africa’s filing alleged Israel was violating its obligations under the treaty, drafted in the wake of the Holocaust, which makes it a crime to attempt to destroy a people in whole or in part.

It asked the court to issue provisional, or short-term, measures ordering Israel to stop its military campaign in Gaza, which it said were “necessary in this case to protect against further, severe and irreparable harm to the rights of the Palestinian people.”
No date has been set for a hearing.
While the ICJ in The Hague is considered the UN’s highest court, its rulings are sometimes ignored. In March 2022, the court ordered Russia to halt hostilities in Ukraine, a binding legal ruling that Moscow flouted as it pressed ahead with its attacks.
Israel’s foreign ministry on Friday said it “rejects with disgust” the case launched by South Africa.
“Israel rejects with disgust the blood libel spread by South Africa and its application” to the ICJ, Israeli foreign ministry spokesman Lior Haiat wrote on X, formerly Twitter.
“South Africa’s claim lacks both a factual and a legal basis, and constitutes despicable and contemptuous exploitation of the court.”
Lashing out at South Africa, Haiat accused the country of “cooperating with a terrorist organization,” referring to the Hamas movement.
The statement also said Israel operates according to international law and focuses its military actions solely against Hamas, adding that the residents of Gaza are not an enemy. It asserted that it takes steps to minimize harm to civilians and to allow humanitarian aid to enter the territory.
South Africa can bring the case under the Genocide Convention because both it and Israel are signatories to it.
Whether the case will succeed in halting the war remains to be seen. While the court’s orders are legally binding, they are not always followed. 
South Africa’s foreign ministry said in a statement that the country is “gravely concerned with the plight of civilians caught in the present Israeli attacks on the Gaza Strip due to the indiscriminate use of force and forcible removal of inhabitants.”
The ministry added that there are “ongoing reports of international crimes, such as crimes against humanity and war crimes, being committed as well as reports that acts meeting the threshold of genocide or related crimes as defined in the 1948 Convention on the Prevention and Punishment of Genocide, have been and may still be committed in the context of the ongoing massacres in Gaza.”
War began on Oct. 7 when militants of the Islamist group Hamas killed 1,200 people in a cross-border attack and seized 240 hostages by Israel’s count. Israel responded with an assault on Hamas-ruled Gaza, killing more than 21,000 people, Palestinian health officials say.
“Israel, since 7 October 2023 in particular, has failed to prevent genocide and has failed to prosecute the direct and public incitement to genocide,” South Africa’s Department of International Relations and Cooperation said in a statement.
South Africa’s president earlier accused Israel of war crimes and acts “tantamount to genocide.” And South Africa last month pushed for the International Criminal Court, which also is based in The Hague, to investigate Israel’s actions in Gaza.
The ICC prosecutes individuals for war crimes, crimes against humanity and genocide, while the International Court of Justice settles disputes between nations.
Balkees Jarrah, associate international justice director at Human Rights Watch, said South Africa’s case “provides an important opportunity for the International Court of Justice to scrutinize Israel’s actions in Gaza using the Genocide Convention of 1948.” She said South Africa is looking to the United Nations’ highest judicial body “to provide clear, definitive answers on the question of whether Israel is committing genocide against the Palestinian people.”
Jarrah stressed that the ICJ case “is not a criminal case against individual alleged perpetrators, and it does not involve the International Criminal Court (ICC), a separate body. But the ICJ case should also propel greater international support for impartial justice at the ICC and other credible venues.”
(With AP, Reuters and AFP)


Aid groups say Israel misses US deadline to boost humanitarian help for Gaza

Aid groups say Israel misses US deadline to boost humanitarian help for Gaza
Updated 55 min 20 sec ago
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Aid groups say Israel misses US deadline to boost humanitarian help for Gaza

Aid groups say Israel misses US deadline to boost humanitarian help for Gaza
  • The Biden administration last month called on Israel to “surge” more food and other emergency aid into Gaza
  • Aid distribution is also being hampered by the UN and other agencies’ failure to collect aid that entered Gaza

JERUSALEM: Israel has failed to meet United States demands to allow greater humanitarian access to the war-ravaged Gaza Strip, where conditions are worse than at any point in the 13-month-old war, international aid organizations said Tuesday.
The Biden administration last month called on Israel to “surge” more food and other emergency aid into Gaza, giving it a 30-day deadline that was expiring Tuesday. It warned that failure to comply could trigger US laws requiring it to scale back military support as Israel wages war against Hamas in Gaza and Hezbollah in Lebanon.
Israel has announced a series of steps toward improving the situation. But US officials recently signaled Israel still isn’t doing enough, though they have not said if they will take any action against it.
Israel’s new foreign minister, Gideon Saar, appeared to downplay the deadline, telling reporters on Monday he was confident “the issue would be solved.” The Biden administration may have less leverage after the reelection of Donald Trump, who was a staunch supporter of Israel in his first term.
Tuesday’s report, authored by eight international aid organizations, listed 19 measures of compliance with the US demands. It said Israel had failed to comply with 15 and only partially complied with four.
An Oct. 13 letter signed by Secretary of State Antony Blinken and Defense Secretary Lloyd Austin called on Israel to, among other things: allow a minimum of 350 truckloads of goods to enter Gaza each day; open a fifth crossing into the besieged territory; allow people in Israeli-imposed coastal tent camps to move inland ahead of the winter; and ensure access for aid groups to hard-hit northern Gaza. It also called on Israel to halt legislation that would hinder the operations of the UN agency for Palestinian refugees, known as UNRWA.
Despite Israeli steps to increase the flow of aid, levels remain far below the US benchmarks. The promised fifth crossing was set to open Tuesday, but residents remain crammed in the tent camps and access for aid workers to northern Gaza remains restricted. Israel also has pressed ahead with its laws against UNRWA.
“Israel not only failed to meet the US criteria that would indicate support to the humanitarian response, but concurrently took actions that dramatically worsened the situation on the ground, particularly in Northern Gaza,” the report said. “That situation is in an even more dire state today than a month ago.”
The report was co-signed by Anera, Care, MedGlobal, Mercy Corps, the Norwegian Refugee Council, Oxfam, Refugees International and Save the Children.
US State Department spokesman Matthew Miller last week said Israel had made some progress, but needs to do more to meet the US conditions. “What’s important when you see all of these steps taken is what that means for the results,” he said.
Israel launched a major offensive last month in northern Gaza, where it says Hamas militants had regrouped. The operation has killed hundreds of people and displaced tens of thousands. Israel has allowed almost no aid to enter the area, where tens of thousands of civilians have stayed despite evacuation orders.
Aid to Gaza plummeted in October, when just 34,000 tons of food entered, or less than half the previous month, according to Israeli data.
UN agencies say even less actually gets through due to Israeli restrictions, ongoing fighting, and lawlessness that makes it difficult to collect and distribute aid on the Gaza side.
In October, 57 trucks a day entered Gaza on average, according to Israeli figures, and 81 a day in the first week of November. The UN puts the number lower, at 37 trucks daily since the beginning of October.
COGAT, the Israeli military body in charge of humanitarian aid to Gaza, said the drop in the number of aid trucks in October was due to closures of the crossings for the Jewish high holidays and memorials marking the anniversary of the Oct. 7, 2023, Hamas attack that triggered the war.
“October was a very weak month,” said an Israeli official, who spoke under condition of anonymity in line with military briefing rules. “But if you look at the November numbers, we are holding steady at around 50 trucks per day to northern Gaza and 150 per day to the rest of Gaza.”
Aid distribution is also being hampered by the UN and other agencies’ failure to collect aid that entered Gaza, leading to bottlenecks, and looting from Hamas and organized crime families in Gaza, he said. He estimated as much as 40 percent of aid is stolen on some days.
Israel on Monday announced a small expansion of its coastal “humanitarian zone,” where hundreds of thousands of Palestinians have sought shelter in sprawling tent camps. It also has announced additional steps, including connecting electricity for a desalination plant in the central Gaza town of Deir al Balah, and efforts to bring in supplies for the winter. On Tuesday, COGAT announced a “tactical” delivery of food and water to Beit Hanoun, one of the hardest-hit towns in northern Gaza.
The war began last year when Hamas-led militants stormed into southern Israel, killing some 1,200 people, mostly civilians, and abducting around 250 people. Around 100 hostages are still inside Gaza, a third of whom are believed to be dead.
Israel’s bombardment and ground invasion have killed over 43,000 Palestinians, more than half of them women and children, according to local health authorities, who do not say how many of those killed were militants. Around 90 percent of the population has been displaced, often multiple times, and hundreds of thousands are packed into squalid tent camps, with little food, water or hygiene facilities.
The United States has rushed billions of dollars in military aid to Israel during the war and has shielded it from international calls for a ceasefire while pressing it to allow more humanitarian aid into Gaza. The amount of aid entering Gaza increased under US pressure last spring after Israeli strikes killed seven aid workers before dwindling again.
Trump has promised to end the wars in the Middle East without saying how. He was a staunch defender of Israel during his previous term, and Israeli Prime Minister Benjamin Netanyahu says they have spoken three times since his reelection last week.
Israeli President Isaac Herzog, whose role is mostly ceremonial, is scheduled to meet with US President Joe Biden on Tuesday.
Former State Department official Charles Blaha, who ran the office in charge of ensuring that US military support complies with US and international law, predicted the Biden would administration would find that Israel violated US law by blocking humanitarian aid from reaching Palestinians in Gaza.
“It’s undeniable that Israel has done that,” Blaha said. “They would really have to torture themselves to find that Israel hasn’t restricted ... assistance.”
But he said the administration would likely cite US national-security interests and waive restrictions on military support.
“If the past is prologue — no restrictions, and then kick the can down the road to the next administration.”


Israeli strikes kill 14 Palestinians in Gaza, medical officials say

Israeli strikes kill 14 Palestinians in Gaza, medical officials say
Updated 12 November 2024
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Israeli strikes kill 14 Palestinians in Gaza, medical officials say

Israeli strikes kill 14 Palestinians in Gaza, medical officials say
  • One strike late Monday hit a cafeteria in the so-called Muwasi humanitarian zone west of the city of Khan Younis

DEIR AL-BALAH: Palestinian medical officials say two Israeli strikes in Gaza killed at least 14 people, including two children and a woman, most in an Israeli-declared humanitarian zone.
One strike late Monday hit a makeshift cafeteria used by displaced people in Muwasi, the center of the so-called humanitarian zone. At least 11 people were killed, including two children, according to officials at Nasser Hospital, where the casualties were taken. Video from the scene showed men pulling bloodied wounded from among tables and chairs set up in the sand in an enclosure made of corrugated metal sheets.
The strike came hours after the Israeli military announced an expansion of the zone, where it has told Palestinians evacuating from other parts of Gaza to take refuge. Hundreds of thousands of displaced Palestinians are sheltering in sprawling tent camps in and around Muwasi, a largely desolate area of dunes and agricultural fields with few facilities or services along the Mediterranean coast of southern Gaza.
Israel faces a deadline this week for the Biden administration’s ultimatum for it to allow more aid into Gaza or risk possible restrictions on US military funding.
Another strike early Tuesday hit a house in the urban Nuseirat refugee camp in central Gaza, killing three people including a woman, according to Al-Awda Hospital, which received the casualties. The strike also wounded 11 others, it said.
The Israeli military had no immediate comment on either strike.
Israel’s 19-month-old campaign in Gaza has killed more than 43,000 Palestinians, according to local health authorities who don’t distinguish between civilians and militants in their count, but say more than half the dead were women and children. Israel says it targets Hamas militants and blames the militant group for civilian deaths, saying it operates in residential areas and infrastructure and among displaced people.
The war in Gaza began when Hamas-led militants stormed into southern Israel on Oct. 7, 2023 and killed around 1,200 people, mostly civilians, and abducted about 250. Around 100 hostages are still inside Gaza, about a third believed to be dead.


Israeli army says four soldiers killed in northern Gaza Strip

Israeli army says four soldiers killed in northern Gaza Strip
Updated 12 November 2024
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Israeli army says four soldiers killed in northern Gaza Strip

Israeli army says four soldiers killed in northern Gaza Strip

JERUSALEM:The Israeli army said Tuesday that four of its soldiers have been killed in the northern Gaza Strip.
It said in a statement that all four “fell during combat in the northern Gaza Strip” on Monday, bringing the total number of Israeli soldiers killed in the Palestinian territory since the start of ground operations in October last year to 376.


Spy satellite images lead archaeologists to the site of a historic battle in Iraq

Spy satellite images lead archaeologists to the site of a historic battle in Iraq
Updated 12 November 2024
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Spy satellite images lead archaeologists to the site of a historic battle in Iraq

Spy satellite images lead archaeologists to the site of a historic battle in Iraq
  • The Battle of Al-Qadisiyah was fought in Mesopotamia
  • A joint team of archaeologists from the UK’s Durham University and the University of Al-Qadisiyah stumbled across the site

BEIRUT: Declassified 1970s-era US spy satellite imagery has led a British-Iraqi archaeological team to what they believe is the site of a seventh-century battle that became decisive in the spread of Islam throughout the region.
The Battle of Al-Qadisiyah was fought in Mesopotamia — in present-day Iraq — in the A.D. 630s between Arab Muslims and the army of the Sassanid Persian dynasty during a period of Muslim expansion. The Arab army prevailed and continued on its march into Persia, now Iran.
A joint team of archaeologists from the UK’s Durham University and the University of Al-Qadisiyah stumbled across the site while undertaking a remote sensing survey to map the Darb Zubaydah, a pilgrimage route from Iraq’s Kufa to Makkah in Saudi Arabia built more than 1,000 years ago. The findings were published Tuesday in the journal Antiquity.
While mapping the route, the team noticed that a site some 30 kilometers (20 miles) south of Kufa in Iraq’s southern Najaf province — a desert area with scattered plots of agricultural land — had features that closely matched the description of the Al-Qadisiyah battle site described in historic texts.
William Deadman, a specialist in archaeological remote sensing at Durham University, said the Cold War era satellite images are a commonly used tools by archaeologists working in the Middle East, because the older images often show features that have been destroyed or altered and would not show up on present-day satellite images.
“The Middle East has developed so much in the last 50 years, both agricultural expansion and urban expansion,” he said. Some of the distinguishing features at the Al-Qadisiyah site, such as a distinctive trench, were “much more pristine and clear” in the 1970s images, he said.
A survey on the ground confirmed the findings and convinced the team that they had correctly identified the site.
The key features were a deep trench, two fortresses and an ancient river that was reportedly once forded by elephant-mounted Persian troops, said Jaafar Jotheri, a professor of archaeology at the University of Al-Qadisiyah who is part of the team that made the discovery. The survey team also found pottery shards consistent with the time period when the battle took place.
Jotheri said that Iraqis of his generation, who grew up under the rule of Saddam Hussein, were all familiar with the battle in minute detail, down to the names of the generals on both sides.
The battle at the time had political connotations — Iraq was engaged in a devastating war with Iran through much of the 1980s. Saddam pointed to the Battle of Qadisiyah as a harbinger of victory for Iraq.
Like most children growing up in that era, Jotheri said he had watched a popular movie about the battle multiple times as it was on regular rotation on television.
In the post-Saddam era, Al-Qadisiyah has become something of a political litmus test. Iraqis’ views of the battle vary depending on their feelings toward Iran, which has expanded its influence in the country since the 2003 US-led invasion of Iraq that toppled Saddam.
“There is some political and religious context in this battle, because now, of course, we have religious differences, ethnic differences, political differences in Iraq and we read or we view everything based on our … differences,” Jotheri said. But he added, ”We all agree that it is a very important battle, a decisive one, and we all know about it.”
The team plans to begin excavations at the site in the coming year, Jotheri said.
The discovery comes as part of a broader project launched in 2015 to document endangered archaeological sites in the region.
It also comes at the time of a resurgence of archaeology in Iraq, a country often referred to as the “cradle of civilization,” but where archaeological exploration has been stunted by decades of conflict that halted excavations and led to the looting of tens of thousands of artifacts.
In recent years, the digs have returned and thousands of stolen artifacts have been repatriated.


Israel says it has met most US demands on Gaza aid as deadline looms

Israel says it has met most US demands on Gaza aid as deadline looms
Updated 12 November 2024
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Israel says it has met most US demands on Gaza aid as deadline looms

Israel says it has met most US demands on Gaza aid as deadline looms
  • US told Israel last month to take steps to improve the aid situation in Gaza within 30 days
  • Israel appears to have refused Washington’s demand to allow entry of 50-100 trucks a day

JERUSALEM: Israel said on Monday it had met most demands by the United States to improve humanitarian conditions in Gaza but was still discussing some items as a deadline looms to improve the situation or face potential restrictions on US military aid.
There are a number of things that remain under discussion and they touch on safety issues, an Israeli official told reporters. He said most issues had been addressed.
Among the US demands that Israel appears to have refused is allowing the entry of 50-100 commercial trucks a day.
The official said commercial activity had been halted because Hamas was controlling the merchants. Restrictions on the entry of closed containers would also not be lifted due to security risks, the official said.
Others, including the opening of a fifth crossing into Gaza, have been implemented.
The United States told its ally Israel in a letter on Oct. 13 that it must take steps to improve the aid situation within 30 days, with Tuesday as the final deadline.
Last week, the State Department said Israel had taken some measures to increase aid access to Gaza but had so far failed to significantly turn around the humanitarian situation.
Israeli Foreign Minister Gideon Saar said on Monday he had met the US ambassador and was confident that “we can reach an understanding with our American friends and that the issue will be solved.”
Last week, a committee of global food security experts warned of a strong likelihood that famine is imminent in certain areas of northern Gaza, a claim which Israel rejected outright.
The Israeli official said Israel had added entrances into Gaza, expanded the humanitarian zone, increased security for aid vehicles and managed joint task forces with the international community and many others as part of the process to improve the humanitarian situation.
Israel began a wide military offensive in northern Gaza early last month. Linda Thomas-Greenfield, the US envoy to the UN, said on Oct. 16 that Washington was watching to ensure Israel’s actions on the ground show it does not have a “policy of starvation” in the north.