COMMENT | Why South Africa brought Israel to ICJ and not ICC?

COMMENT | On Dec 29 last year, South Africa instituted proceedings against Israel before the International Court of Justice (ICJ) on the grounds that Israel has allegedly violated its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide (the “Genocide Convention”) concerning Palestinians in the Gaza Strip.

In instituting its action against Israel before the ICJ, South Africa seeks to find the Court’s jurisdiction on Article 36, paragraph 1, of the Statute of the Court and on Article IX of the Genocide Convention, to which both South Africa and Israel are parties.

It is fascinating to note here that apparently, Article IX of the Genocide Convention confers the ICJ jurisdiction to hear "Disputes between the Contracting Parties (Israel and South Africa) relating to the interpretation, application or fulfilment of the present (Genocide) Convention, including those relating to the responsibility of a state for genocide or any of the other acts enumerated in article III.."

On the last occasion, the ICJ ruled that...