What is necessary to establish that a genocide is taking place in Gaza with regards to South Africa s genocide case against Israel at the ICJ 1 ?
- Killing members of the group;
- Causing serious bodily or mental harm to members of the group;
- Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
- Imposing measures intended to prevent births within the group;
- Forcibly transferring children of the group to another group.
Based on this, two elements are required: the intent to destroy in whole or in part a national, ethnical, racial or religious group and the act of doing so. In the petition, South Africa lays out both elements by highlighting numerous statements demonstrating the intent to commit genocide on the part of senior Israeli officials, including Prime Minister Netanyahu, the President of Israel, the Minister of Defense, the National Security Minister, the Minister of Energy and Infrastructure, the Minister of Finance, the Minister of Heritage, the Minister of Agriculture and the Deputy Speaker of the Knesset. The petition also highlights the alarm bells raised by a number of UN experts warning that Palestinians are at risk of genocide. It also highlights the many acts that Israel has carried out since October 7 to meet those elements above.