Genocide Convention
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The Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG), or the Genocide Convention, is an international treaty that criminalises genocide and obligates state parties to pursue the enforcement of its prohibition. It was the first legal instrument to codify genocide as a crime, and the first human rights treaty unanimously adopted by the United Nations General Assembly, on 9 December 1948, during UNGA's third session. The Convention on the Prevention and Punishment of the Crime of Genocide entered into force on 12 January 1951 and has 152 state parties as of 2022.[1]
UNGA resolution
The Genocide Convention was conceived largely in response to World War II, which saw atrocities such as the Holocaust that lacked an adequate description or legal definition. Polish-Jewish lawyer Raphael Lemkin, who had coined the term genocide in 1944 to describe Nazi policies in occupied Europe and the Armenian genocide, campaigned for its recognition as a crime under international law. This culminated in 1946 in a landmark resolution by the General Assembly that recognised genocide as an international crime and called for the creation of a binding treaty to prevent and punish its perpetration. Subsequent discussions and negotiations among UN member states resulted in the CPPCG.[2]
Definition
The Convention defines genocide as any of five "acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group." These five acts include killing members of the group, causing them serious bodily or mental harm, imposing living conditions intended to destroy the group, preventing births, and forcibly transferring children out of the group. Victims are targeted because of their real or perceived membership of a group, not randomly. The Convention further criminalises "complicity, attempt, or incitement of its commission." Member states are prohibited from engaging in genocide and obligated to pursue the enforcement of this prohibition. All perpetrators are to be tried regardless of whether they are private individuals, public officials, or political leaders with sovereign immunity.
The CPPCG has influenced law at both the national and international level. Its definition of genocide has been adopted by international and hybrid tribunals, such as the International Criminal Court, and incorporated into the domestic law of several countries. Its provisions are widely considered to be reflective of customary law and therefore binding on all nations whether or not they are parties. The International Court of Justice (ICJ) has likewise ruled that the principles underlying the Convention represent a peremptory norm against genocide that no government can derogate. The Genocide Convention authorises the mandatory jurisdiction of the ICJ to adjudicate disputes, leading to international litigation such as the Rohingya genocide case and the dispute over the 2022 Russian invasion of Ukraine.[3]
Israel accused of genocide
On 29 December 2023, South Africa filed an application instituting proceedings against Israel before the International Court of Justice (ICJ), the principal judicial organ of the United Nations, concerning alleged violations by Israel of its obligations under the Genocide Convention in relation to Palestinians in the Gaza Strip.[4]
On 2 January 2024, in an interview with Democracy Now, Professor of International Law at Illinois State University, Francis Boyle said:
- "I believe South Africa will win an order against Israel to cease and desist from committing all acts of genocide against the Palestinians.
- "Israel has a history of listening to the United States' orders to stop its assaults on the Occupied Palestinian Territory. We here in the United States of America have the power to stop this.
- "We have a campaign now to support South Africa at the ICJ and I'm part of a coalition to get members of the Genocide Convention to file 'Declarations of Intervention' at the World Court in support of and solidarity with South Africa against Israel and in support of the Palestinians."[5]
Hearing at the ICJ
On 11 January 2024, the Republic of South Africa presented its case to the ICJ accusing the State of Israel of committing actions in the Occupied Palestinian Territory of Gaza that are "genocidal in character" against the Palestinian people.[6]
Faced with a toll of more than 22,100 people killed between mid-October and 3 January in Gaza, Pretoria invoked “its rights and obligations” to prevent genocide and “protect the Palestinians of Gaza from destruction”. These rights and obligations are exercised within the framework of the 1948 United Nations Convention on the Prevention and Punishment of the Crime of Genocide.[7]
Concluding a 3-hour sitting of the Court, South Africa's Ambassador at The Hague Vusi Madonsela called upon the ICJ to order Israel to:
- Cease all military activities in the OPT;
- Stop killing and causing serious mental and physical harm to the Palestinian people in Gaza;
- Stop deliberately imposing living conditions intended to bring about their physical destruction as a group; and,
- Allow access to humanitarian aid.[8]
On 12 January 2024, Israel presented its case. The Israeli delegation was led by Mr Gilad Noam, Deputy Attorney General for International Law, Ministry of Justice of the State of Israel, Mr Tal Becker, Legal Adviser, Ministry of Foreign Affairs of the State of Israel, and Ms Tamar Kaplan Tourgeman, Principal Deputy Legal Adviser of the Ministry of Foreign Affairs of the State of Israel, as Co-Agents.
Israel responded: “In accordance with Article 60, paragraph 2, of the Rules of Court, for the reasons given during the hearing of 12 January 2024 and any other reasons the Court might deem appropriate, the State of Israel hereby requests the Court to:
- Reject the request for the indication of provisional measures submitted by South Africa; and
- Remove the case from the General List.”[9]
The ICJ said in a statement on Wednesday 24 January 2024 that the 17-Judge panel will announce its response to South Africa’s requests in Court on January 26:[10]
- On Friday 26 January 2024, the ICJ will deliver its Order on the Request for the indication of provisional measures submitted by South Africa in the case concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel). A public sitting will take place at 1 p.m. at the Peace Palace in The Hague, during which Judge Joan E. Donoghue, the President of the Court, will read the ICJ’s Order.[11]
Court Judgment
On 26 January 2024, the ICJ delivered its Order on South Africa’s request.[12]
On 23 January 2024, Nicaragua, referring to Article 62 of the Statute of the Court, filed in the Registry of the Court an Application for permission to intervene “as a party” in the case.[13]
On 16 February 2024, the Court issued its decision on South Africa’s request for additional provisional measures dated 12 February 2024.[14]
On 28 March 2024, the Court indicated additional provisional measures, following a request from South Africa, dated 6 March 2024, for the indication of additional provisional measures and/or the modification of its Order of 26 January 2024.[15]
On 5 April 2024, Colombia, invoking Article 63 of the Statute of the Court, filed in the Registry of the Court a declaration of intervention in the case.[16]
On 10 May 2024, Libya, invoking Article 63 of the Statute of the Court, filed in the Registry of the Court a declaration of intervention in the case.[17]
On 10 May 2024, South Africa filed an urgent request with the Court for the indication of additional provisional measures and the modification of provisional measures previously prescribed by the Court.[18]
On 13 May 2024, Egypt announced it will join South Africa’s genocide case against Israel at the ICJ.[19]
On 16 and 17 May 2024, the ICJ will hold hearings on South Africa's request of 10 May for the indication of additional provisional measures & the modification of measures previously prescribed by the Court in the case South Africa v Israel.[20]
References
- ↑ "Convention on the Prevention and Punishment of the Crime of Genocide"
- ↑ "A Brief History of Genocide"
- ↑ "Top UN court orders Myanmar to protect Rohingya from genocide"
- ↑ Document:South Africa institutes Genocide Convention proceedings against Israel
- ↑ "South Africa Files Case Against Israel at International Court of Justice over 'Genocidal' Gaza War"
- ↑ Document:International justice: the South African complaint against Israel for “genocide” in Gaza
- ↑ Document:South Africa institutes Genocide Convention proceedings against Israel
- ↑ "South Africa presents arguments accusing Israel of 'genocidal acts' in Gaza at the ICJ"
- ↑ "Conclusion of the public hearings held on Thursday 11 and Friday 12 January 2024"
- ↑ "ICJ to decide on emergency measures in Israel-Gaza genocide case on Friday"
- ↑ "The Court to deliver its Order on Friday 26 January 2024 at 1 p.m."
- ↑ "Order by the ICJ dated 26 January 2024"
- ↑ https://www.icj-cij.org/sites/default/files/case-related/192/192-20240123-int-01-00-en.pdf
- ↑ https://www.icj-cij.org/sites/default/files/case-related/192/192-20240216-pre-01-00-en.pdf
- ↑ https://www.icj-cij.org/sites/default/files/case-related/192/192-20240328-pre-01-00-en.pdf
- ↑ https://www.icj-cij.org/sites/default/files/case-related/192/192-20240405-int-01-00-en.pdf
- ↑ https://www.icj-cij.org/sites/default/files/case-related/192/192-20240510-int-01-00-en.pdf
- ↑ "South Africa asks the Court urgently to indicate further provisional measures", 10 May 2024
- ↑ "Why Egypt joining ICJ case against Israel is ‘unprecedented’"
- ↑ "On Thursday 16 May and Friday 17 May 2024, the International Court of Justice will hold public hearings at the Peace Palace in The Hague, the seat of the Court, on the request filed by South Africa on 10 May 2024"
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