The west's values on trial

Israel accused of genocide at international court in The Hague

- SERENA WYLDE

SOUTH Africa brought a case of genocide against Israel at the International Court of Justice to prevent more mass killing of the Palestinian people.

This was under the 1948 UN Convention on the Prevention and Punishment of the Crime of Genocide.

A charge of genocide is the highest indictable international crime. In gravity, it sits above all other international crimes. It is defined by the Genocide Convention as: 'Acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group.' The following human activities are all punishable under the Convention: genocide; conspiracy to commit genocide; direct and public incitement to commit genocide; attempt to commit genocide; complicity in genocide.

As well as applying to the ICJ for a judgement on the crime of genocide, South Africa's immediate aim was for the court to issue provisional measures for an immediate ceasefire and the proper supplying of basic means for survival to the Gaza Strip.

South Africa has succeeded in having a number of orders issued to Israel by the court on January 26, but these orders are prefaced by the words: 'Israel must do all within its power to...', and the court has fallen short of ordering a ceasefire.

However, what South Africa has resoundingly achieved is to draw of public attention worldwide to the desperate plight of the Palestinians. The president of the ICJ, Joan Donoghue, read out, in open court, evidence from reports by UN rapporteurs and relief agencies, which will be recorded for history as examples of the barbarism and cruelty that the U.S., the UK and the EU encouraged in the 21st century.