On January 12, 2024, South Africa brought a case to the International Criminal Court (I.C.C.), accusing Israel of genocide concerning the country’s response to the Hamas attacks of early October 2023. South Africa is also calling for a complete end to the armed conflict in the region especially as it relates to the violent targeting of Palestinians. The case also accuses the U.S. of aiding and abetting Israel in this genocide as the U.S. – a historical ally of Israel – has funneled significant amounts of aid into the country to bolster efforts against the Palestinians. The B.B.C. reports that over 23,000 Palestinians have been killed since October 7, 2023, when the crisis erupted. 

A lawyer from the High Court of South Africa, Tembeka Ngcukaitobi, told the International Court of Justice (I.C.J.), “Israel’s genocidal intent was evident from how this military attack is being conducted.” The Israeli Prime Minister, Benjamin Netanyahu, countered saying, “Israel is fighting murderous terrorists who carried out crimes against humanity.” The U.S. agreed with Israel and did not find any justification for these court proceedings. 

The I.C.C. and I.C.J. must try this case in an unbiased setting and take tangible action against any suspected genocidal intent. The U.N. must also revise the power of the I.C.C. and I.C.J. as their rulings have legal status. Still, as legislation varies country by country, it is difficult, if not impossible, to enforce rulings. The process is also agonizingly slow and actions from rulings have taken decades to come to fruition. This renders the power of these organizations obsolete. The U.N. must allocate more absolute power to the I.C.C. so that their rulings are more effective and hold more weight worldwide.

Additionally, the legal avenues to hold countries and their leadership responsible for war crimes must be streamlined to provide a quicker and easier remedy to these crises. In addition to this intervention from international organizations, the U.S. as a global hegemony must look beyond its alliance and personal motivations to objectively see the excess amount of violence carried out by Israel. The U.S. must call for justice for the situation and if not, be willing to accept any consequence the I.C.C. ascribes to the country. 

The Israel/Hamas War erupted in October of 2023, after decades of turmoil and unrest. The tensions stem from territorial disputes dating back to the colonial era compounded by religious and cultural differences. Small proxy disputes have taken place in Israel and Palestine, but none to the extent of the attack of Hamas on Israel and the ensuing military campaign Israel unleashed in return. Hamas is a Palestinian paramilitary group with terrorist ties not directly affiliated with the Palestinian leadership. The escalation of the conflict on the part of the Israeli military and allies posited civilians as collateral damage on both sides. Countries throughout the world differ in their position on the crisis as more allies become sucked into the conflict. However, it is clear that this level of violence and instability has not only intrastate and regional implications, but international implications as well. 

The crisis has moved beyond retaliatory violence and has moved into a full-scale attack on one ethnic group – Palestinians. South Africa has done the most of any country at precipitating a peaceful resolution to the crisis as prior intervention from international institutions was met with more violence and did not create any path toward resolution. Once the I.C.C. and I.C.J. have made their recommendations, other countries can begin to help implement these recommendations and eventually resolve this crisis without violence. Then, peace and security can be prioritized for both the Israeli and Palestinian populations. Beyond this, once peace has been established, international organizations can work together to mandate specific territories for each group so that crises of this magnitude are eradicated in the future as well.