The International Court of Justice is expected to rule today in a case against Israel that was brought by South Africa.
South Africa filed an urgent request on May 10 for additional measures in its genocide case against Israel, accusing it of using forced evacuation orders in the southern Gaza city of Rafah to “endanger rather than protect civilian life.”
The allegation was rejected by Israel. Deputy Attorney General for International Law Gilad Noam said the picture South Africa painted was “completely divorced from the facts and circumstances.”
South Africa filed its claim to the International Court of Justice (ICJ), not the International Criminal Court (ICC).
The ICJ is the main legal arm of the United Nations. It is based in The Hague, in the Netherlands, and was set up by the UN in 1945. It is a civil court and seeks to settle disputes between states.
Conversely, the ICC is a permanent, autonomous court — not affiliated with the United Nations — that prosecutes individuals.
The court can only prosecute individuals from countries that have ratified the Rome Statute — which gives it jurisdiction — or if a crime has taken place in a country that is a signatory.
This week, the ICC said it is seeking arrest warrants for the Hamas leader in Gaza, Yahya Sinwar, and Israeli Prime Minister Benjamin Netanyahu on charges of war crimes and crimes against humanity over the October 7 attacks on Israel and the subsequent war in Gaza.
Israel doesn’t recognize the ICC so the court has no jurisdiction over it.
Israel, however, is a signatory to the Genocide Convention, which gives the ICJ jurisdiction.
