South Africa Files Genocide Case Against Israel at International Court of Justice (ICJ)

Context: Recently, South Africa moved to the International Court of Justice (ICJ), for an urgent order declaring that Israel was in breach of its obligations under the 1948 Genocide Convention.

• The ICJ is a United Nations platform for resolving disputes between states.
• Israel has strongly rejected South Africa’s application, terming it a “blood libel.” 

What is the UN’s Genocide Convention?

• Defining Genocide According to UN Convention:
  • The term ‘genocide’ is specifically defined in the UN’s Convention on the Prevention and Punishment of the Crime of Genocide. 
  • Enacted in 1948, it outlines criteria, including acts committed with the intent to destroy a national, ethnic, racial, or religious group.
• Criteria for Genocide:
  • The convention lists five acts constituting genocide: 
    • (a) Killing members of the group; 
    • (b) Causing serious bodily or mental harm; 
    • (c) Inflicting conditions of life for physical destruction; 
    • (d) Imposing measures to prevent births; 
    • (e) Forcibly transferring children.

About the International Court of Justice (ICJ)

• Principal Judicial Organ: The International Court of Justice (ICJ)  is the primary judicial organ of the United Nations, serving as a key component in international legal matters.
• Informal Name: Commonly referred to as the ‘World Court,’ the ICJ plays a crucial role in resolving legal disputes on a global scale.
• Establishment: Established in June 1945 by the United Nations Charter, the ICJ saw its first judges elected on February 6, 1946. 
• Seat: The seat of the International Court of Justice is at the Peace Palace in The Hague (Netherlands). Of the six principal organs of the United Nations, it is the only one not located in New York (United States of America).
• Language: French and English are the official languages of the Court.
• Functions:  The Court may entertain two types of cases: legal disputes between States submitted to it by them (contentious cases) and requests for advisory opinions on legal questions referred to it by United Nations organs and specialized agencies (advisory proceedings).
• Composition and Tenure: The International Court of Justice is comprised of 15 judges who are elected for a nine-year term. 
  • Members are chosen by both the General Assembly and the Security Council of the United Nations.
• The 15 judges of the International Court of Justice are distributed in following regions:
  • Three from Africa.
  • Two from Latin America and Caribbean.
  • Three from Asia.
  • Five from Western Europe and other states.
  • Two from Eastern Europe.
• Seat and Location: The Peace Palace in The Hague, Netherlands, serves as the official seat of the ICJ. 
  • It stands out as the only principal organ of the United Nations not situated in New York, USA.

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