South Africa’s lawsuit and the international community’s position on genocide and the 2023/2024 Gaza War: A leg-political study of the events after October 7, 2023

Abstract

In this study, we talked about South Africa’s lawsuit and the position of the international community regarding the genocide committed by the Zionist occupation against the Palestinian people in the period following the seventh of October 2023. This study was divided into three sections. In the first section, we talked about the concept of genocide and its most important manifestations in light of the lawsuit that The Republic of South Africa filed it before the International Court of Justice on December 29, 2023, and we found that all aspects of genocide mentioned in the Convention on the Prevention and Punishment of the Crime of Genocide were present in the case of the Zionist occupation when it committed this crime after the events of October 7, 2023, as we talked about in the section. The second is about the position of the international judiciary on the genocide committed by the Zionist occupation, indicating the position of the International Courts of Justice and the International Criminal Courts on this crime and the most important decisions issued by the International Court of Justice in the case filed by South Africa. We reached the extent of the positivity of the decisions issued by the International Court of Justice in the case filed by South Africa. Despite the presence of legislative obstacles that may prevent the implementation of these decisions, we also spoke in the third section about the position of international organizations towards this issue, indicating the position of the United Nations General Assembly and the United Nations Security Council, as well as the position of the League of Arab States regarding the genocide against the people of Gaza that occurred in the following period. For October 7, 2023.

Keyword : Genocide, Gaza , South Africa , International Justice , Occupation.