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It is finally time to take legal action against Israel at the highest level
South Africa is right to invoke the Genocide Convention against Israel at the Hague, other countries should now support and follow, argues CLAUDIA WEBBE MP
Smoke rises following an Israeli bombardment in the Gaza Strip, as seen from southern Israel, December 16, 2023

LAST WEEK, South Africa filed an application with the International Court of Justice (ICJ) instituting proceedings against Israel for “genocidal acts” against Palestinians in Gaza. It is right to do so, both morally and legally.

In analysing the case, it is worth clearing up a common confusion about whether Israel is subject to the International Court of Justice. Unlike the International Criminal Court (ICC), which prosecutes individual war crimes, the International Court of Justice is “the principal judicial organ of the UN… established by the UN charter in June 1945.”

Like any other UN member state, Israel is subject to its jurisdiction. The court consists of fifteen judges elected by the general assembly and the security council of the UN, who will decide the case.

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