Director of the Johannesburg Holocaust and Genocide Centre commends SA for appearing before the ICJ
Tali Nates says South African lawyers who stood before the ICJ is a moment of significance.
The International Court of Justice (ICJ) saw South Africa present its case against Israel on January 11.
The South African government brought the case against Israel on December 29, accusing it of a ‘genocidal act’ in its assault on Gaza.
The director of the Johannesburg Holocaust and Genocide Centre Tali Nates weighed in on South Africa appearing at the ICJ.
“The word genocide did not exist before 1944. Raphael Lemkin, a Polish Jewish lawyer, coined it by combining the Greek and Latin words ‘genos’ [race or tribe) and ‘cide’ (killing). In 1948, the newly established United Nations adopted the Convention on the Prevention and Punishment of the Crime of Genocide, which speaks about ‘acts committed with intent to destroy, in whole or in part, a national, ethnical, racial, or religious group’.
Nates added disputes under this Convention were heard by the ICJ, established in June 1945, to settle disputes between states and give advisory opinions on international legal issues such as the one South Africa had filed against Israel.
The Convention on the Prevention and Punishment of the Crime of Genocide requires intent to be proved. It is different from other international laws that were developed related to Crimes against Humanity and War Crimes. These are heard under the jurisdiction of the International Criminal Court.
The historian noted, “The South African case in front of the International Court of Justice will need to prove that this case is indeed genocide as defined in the Convention. This is a moment of great significance and we need to be vigilant against hate speech, othering and dehumanisation, including by politicians and country leaders.”
Nates concluded that she was aware that genocide always started with words. The centre calls on all of us to be active voices against instances of hate speech and related human rights violations in our communities.
“Our failure in this regard risks generational trauma and damage beyond the physical boundaries of this conflict and others. We note with concern the increasingly hostile rhetoric on this issue at the very moment that courageous leadership is required to ensure the safe return of all the hostages and the cessation of hostilities in Gaza.”
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