A previously confidential dossier SA submitted to the UN Security Council regarding “Israel’s intent and incitement to commit genocide” has been made public.
SA submitted the dossier in May because of Israel’s alleged breaching of orders by the International Court of Justice (ICJ), in SA’s case against Israel for alleged violations of the Genocide Convention.
Legal scholar Nimer Sultany from the University of London labelled SA’s dossier “unprecedented” in terms of its “comprehensive” nature.
The 121-page dossier, SA says, includes statements by Israeli officials demonstrating genocidal incitement and outlines actions “taken by Israel in contempt of binding [ICJ] orders”.
Mike Becker, law professor at Trinity College, Dublin, said that SA “submitted this dossier with the goal of persuading the Security Council to take action”.
The Security Council has not yet responded. It may later, for example, impose sanctions.
In May the ICJ, the orders of which are binding on states, issued orders against Israel after SA urgently petitioned the court due to escalating operations in Rafah, southern Gaza. The ICJ ordered Israel to halt its operations in Rafah, which had become a refuge for more than a million Palestinians.
Days after the ICJ’s order, Israel killed dozens of Palestinians in a Rafah refugee camp. Israel, which was condemned by the international community, apologised and said it was investigating. In mid-June, Israel shelled Rafah tent camps, killing a 25 more people.
Preliminary orders
Israel’s offensive in Gaza has resulted in a reported death toll of more than 35,000 Palestinians, including children, foreign aid workers and journalists since October last year.
In January, SA told the ICJ Israel had violated the Genocide Convention to which both countries are signatories. The ICJ has granted several preliminary orders against Israel as a result.
Israel has repeatedly dismissed SA’s allegations, arguing its operations are self-defence, targeting Hamas militants who attacked Israel on October 7, killing more than a thousand Israelis.
SA’s new dossier cites the UN under-secretary-general for humanitarian affairs, who said on May 24 Israel “has cut off the flow of aid into southern Gaza”. It also linked to a YouTube video of senior Israeli officials who “express their intention to deprive Palestinians of the humanitarian assistance”.
The dossier links to almost 800 other sources, including social media posts by Israeli officials, independent reports and speeches. SA says this is evidence demonstrating Israel’s breach of international conventions and ICJ orders.
Gerhard Kemp of the University of the West of England, Bristol, told Business Day the dossier “is directly addressing the diplomatic and political organs of the international community as a complementary strategy to the one before the ICJ”.
Becker said “the material should also be of interest to the [International Criminal Court] prosecutor”, Karim Khan, who in May asked for arrest warrants for Israel’s prime minister, Benjamin Netanyahu, and defence minister, Yoav Gallant, as well as for Hamas’ leadership. All are charged with war crimes.
Kemp said the UN Security Council dossier demonstrated SA’s “willingness to take a leading role internationally” on such issues.
The dossier was submitted confidentially in May in terms of UN protocol, but was later made public.
Israel and the Security Council have yet to respond.
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