The war in Gaza has now reached the International Court of Justice (ICJ). In the closing days of 2023, South Africa filed an application instituting proceedings against Israel before the ICJ. South Africa alleges that Israel’s conduct in Gaza violates its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide both by committing genocide against Palestinians in Gaza, and by failing to prevent it, including by failing to hold senior Israeli officials and others accountable for their direct and public incitement to genocide. The application concludes by requesting a series of “provisional measures,” including that Israel immediately suspend its military operations in Gaza.
The application has set off a firestorm. The accusation of genocide is particularly gut-wrenching for many Israelis. After all, the Holocaust, in which six million Jews were killed, was the impetus for the very treaty that Israel is now accused of violating. Israeli…
