South Africa’s lawsuit against Israel: What is a war crime?
Accusing Israel of genocide, South Africa has taken the matter to ICJ, alleging war crimes
In recent months, despite global protests against Israel, few countries have taken concrete actions to aid the Palestinians, with South Africa standing out as an exception. Accusing Israel of genocide, South Africa has taken the matter to the International Court of Justice (ICJ), alleging war crimes. But what is a war crime?
The concept of war crimes emerged at the end of the 19th century, as a response to the need for a balance between military necessities and the principles of humanity in international humanitarian law. The idea was that even in wartime, not everything is allowed to be done. This right was established to limit the effects of armed conflicts, protect people not participating in hostilities, and regulate methods of combat.
War crimes, as defined by the Rome Statute of the International Criminal Court which is the 8th article, fall into three categories: War crimes, crimes against humanity, and of course, genocide. The first category encompasses a range of offenses, including attacking civilians, torturing, taking hostages, treating crucially, displacing civilians, homicide of protected persons, biological, medical or scientific experiments, poisoned weapons or toxic gases, pillage, rape, sexual violence, slavery, sterilization and forced pregnancies.
Crimes against humanity, the second category, involve systematic mistreatment or killing of a group of people over an extended period, not confined to times of conflict. Unlike war crimes, these acts do not require a state of war to be considered.
Distinguishing itself from war crimes, genocide, the third category, requires the ultimate goal of complete destruction of an entire group of people. The gravity of this crime lies in its intent to annihilate, in whole or in part, a particular national, ethnic, racial, or religious group.
The statute also prohibits under certain conditions attacks against well-protected objects, targeting well-protected equipment, units, and means of transport or buildings with protected characteristics, for example, schools, hospitals, and religious buildings.
As South Africa takes its grievances against Israel to the ICJ, the world watches closely, emphasizing the importance of holding accountable those who violate the principles established by international humanitarian law.
Source: ABC News In-Depth, IntlCriminalCourt via YouTube
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