South Africa Submits Its Main Legal Claim to the Top UN Court Which Accuses Israel of Genocide

 A Palestinian man walks past the rubble after Israeli forces withdrew from the area around Kamal Adwan hospital, amid the ongoing Israel-Hamas conflict, in Jabalia, in the northern Gaza Strip October 26, 2024. (Reuters)
A Palestinian man walks past the rubble after Israeli forces withdrew from the area around Kamal Adwan hospital, amid the ongoing Israel-Hamas conflict, in Jabalia, in the northern Gaza Strip October 26, 2024. (Reuters)
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South Africa Submits Its Main Legal Claim to the Top UN Court Which Accuses Israel of Genocide

 A Palestinian man walks past the rubble after Israeli forces withdrew from the area around Kamal Adwan hospital, amid the ongoing Israel-Hamas conflict, in Jabalia, in the northern Gaza Strip October 26, 2024. (Reuters)
A Palestinian man walks past the rubble after Israeli forces withdrew from the area around Kamal Adwan hospital, amid the ongoing Israel-Hamas conflict, in Jabalia, in the northern Gaza Strip October 26, 2024. (Reuters)

The South African legal team delivered a nearly 5,000-page document to the United Nations’ top court on Monday, the latest step in a case the country brought accusing Israel of committing genocide against Palestinians in Gaza.

The document, which the International Court of Justice will not make public until a later stage in the proceedings, puts forth the “main case” that Israel has a “special intent to commit genocide,” according to a statement from South Africa’s President Cyril Ramaphosa.

Israel has fiercely denied the allegations. The government called the case “blood libel” when South Africa launched the complaint in Dec. 2023.

On Monday a court official at the ICJ confirmed that they had received the document.

The filing takes place as the Israeli military has called on Palestinians to evacuate northern Gaza, where it has been waging a large offensive for more than three weeks. The UN said earlier this month at least 400,000 people are still in northern Gaza and hunger is rampant as the amount of humanitarian aid reaching the north has plummeted over the past month.

The Hague-based court has so far issued three rounds of emergency measures, ordering Israel to halt a military offensive in Rafah and open more land crossings for aid into Gaza.

South Africa says Israel has refused to comply. “Israel’s continued shredding of international law has imperiled the institutions of global governance that were established to hold all states accountable,” the president’s statement said.

Palestine, Spain, Chile and seven other countries have petitioned the court to join the case.

Israel now has until July 2025 to reply.

Israel launched its military action in Gaza after Hamas-led fighters on Oct. 7, 2023, attacked Israel, killing some 1,200 people — mostly civilians — and abducting 250 others.



US Tracking Nearly 500 Incidents of Civilian Harm During Israel’s Gaza War

 People pray by the bodies of Palestinians killed in Israeli strikes, amid the Israel-Hamas conflict, in Beit Lahiya in the northern Gaza Strip October 30, 2024. (Reuters)
People pray by the bodies of Palestinians killed in Israeli strikes, amid the Israel-Hamas conflict, in Beit Lahiya in the northern Gaza Strip October 30, 2024. (Reuters)
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US Tracking Nearly 500 Incidents of Civilian Harm During Israel’s Gaza War

 People pray by the bodies of Palestinians killed in Israeli strikes, amid the Israel-Hamas conflict, in Beit Lahiya in the northern Gaza Strip October 30, 2024. (Reuters)
People pray by the bodies of Palestinians killed in Israeli strikes, amid the Israel-Hamas conflict, in Beit Lahiya in the northern Gaza Strip October 30, 2024. (Reuters)

US State Department officials have identified nearly 500 potential incidents of civilian harm during Israel's military operations in Gaza involving US-furnished weapons, but have not taken further action on any of them, three sources, including a US official familiar with the matter, said this week.

The incidents - some of which might have violated international humanitarian law, according to the sources - have been recorded since Oct. 7, 2023, when the Gaza war started. They are being collected by the State Department's Civilian Harm Incident Response Guidance, a formal mechanism for tracking and assessing any reported misuse of US-origin weapons.

State Department officials gathered the incidents from public and non-public sources, including media reporting, civil society groups and foreign government contacts.

The mechanism, which was established in August 2023 to be applied to all countries that receive US arms, has three stages: incident analysis, policy impact assessment, and coordinated department action, according to a December internal State Department cable reviewed by Reuters.

None of the Gaza cases had yet reached the third stage of action, said a former US official familiar with the matter. Options, the former official said, could range from working with Israel's government to help mitigate harm, to suspending existing arms export licenses or withholding future approvals.

The Washington Post first reported the nearly 500 incidents on Wednesday.

The Biden administration has said it is reasonable to assess that Israel has breached international law in the conflict, but assessing individual incidents was "very difficult work," State Department spokesperson Matthew Miller told reporters on Wednesday.

"We are conducting those investigations, and we are conducting them thoroughly, and we are conducting them aggressively, but we want to get to the right answer, and it's important that we not jump to a pre-ordained result, and that we not skip any of the work," Miller said, adding that Washington consistently raises concerns over civilian harm with Israel.

The administration of President Joe Biden has long said it is yet to definitively assess an incident in which Israel has violated international humanitarian law during its operation in Gaza.

John Ramming Chappell, advocacy and legal adviser at the Center for Civilians in Conflict, said the Biden administration "has consistently deferred to Israeli authorities and declined to do its own investigations."

"The US government hasn't done nearly enough to investigate how the Israeli military uses weapons made in the United States and paid for by US taxpayers," he said.

The civilian harm process does not only look at potential violations of international law but at any incident where civilians are killed or injured and where US arms are implicated, and looks at whether this could have been avoided or reduced, said one US official, who spoke on condition of anonymity.

A review of an incident can lead to a recommendation that a unit needs more training or different equipment, as well as more severe consequences, the official said.

Israel's military conduct has come under increasing scrutiny as its forces have killed more than 43,000 Palestinians in Gaza, according to the enclave's health authorities.

The latest episode of bloodshed in the decades-old Israeli-Palestinian conflict was triggered on Oct. 7, 2023, when Palestinian Hamas fighters attacked southern Israel, killing 1,200 people and abducting 250 others, according to Israeli tallies.