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Genocide Case
Against Israel
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Genocide Case Against Israel

• Israel appeared before the International Court of Justice


(ICJ) in a high stakes case that would determine the course of
the brutal war in Gaza.

• South Africa brought the case to the court.

• Pretoria (South Africa) has accused Israel of "genocidal


acts" in Gaza, charges the Israelis have dismissed as "blood
libel."
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Genocide Case Against Israel

• In an 84-page submission to the ICJ, South Africa urged


judges to order Israel to "immediately suspend its military
operations" in Gaza.

• South Africa accuses Israel of genocidal acts against


Palestinians in Gaza.

• Israel has firmly rejected the accusation, with Prime Minister


Benjamin Netanyahu calling it a “false accusation.”
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Genocide Case Against Israel

• In response to the bloodiest attack carried out by Hamas


militants on Oct 7, Israel has taken drastic measures.

• Its bombing campaign has resulted in the reduction of large parts


of the Gaza Strip to rubble.

• The Oct 7 Hamas attack resulted in the deaths of around 1,140


people, most of them civilians, according to an AFP tally based on
official Israeli figures.
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Genocide Case Against Israel

• Israel's military campaign has killed at least 22,722,


according to the Hamas-run Gaza health ministry.

• The UN estimates that 1.9 million Gazans are displaced,


with fears growing of famine and disease.

• Israeli President Isaac Herzog said that his country will


present a case “using self-defense”.
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Genocide Case Against Israel

South Africa stance -

• The claims of South Africa asserts that Israel is committing


genocide against Palestinians in Gaza and failing to prevent
genocide.

• Both the countries have signed the UN Genocide Convention,


created in 1948 as a response to the Holocaust.

• South Africa has filed the case under Article 9 which allows for
disputes between parties to be submitted to the ICJ.
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Genocide Case Against Israel

• South Africa asserts that Israel did not supply essential aid to the
Gaza Strip during the recent three-month war with Hamas.

• The essential aid includes food, water, medicine, fuel, and shelter.

• It also points to the sustained bombing campaign which has


destroyed much of the enclave and forced the evacuation of some
1.9 million Palestinians.
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Genocide Case Against Israel

• South Africa has been highly critical of Israel's military operation in


Gaza.

• And as a signatory to the UN's 1948 Genocide Convention, it


has an obligation to act, it says.

• The governing African National Congress also has a long history of


solidarity with the Palestinian cause.
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Genocide Case Against Israel

UN Genocide convention –

• The Genocide Convention is an international legal instrument that,


for the first time, codified the crime of genocide.

• Genocide Convention is known as the Convention on the


Prevention and Punishment of the Crime of Genocide.

• The Genocide Convention was adopted by the UN General


Assembly on December 9, 1948.
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Genocide Case Against Israel

• It has been in effect since January 12, 1951.

• It defines genocide as crimes committed “with intent to destroy, in


whole or in part, a national, ethnical, racial or religious group, as
such.”

• The Convention defines genocide as five acts i.e., (a) Genocide;


(b) Conspiracy to commit genocide; (c) Direct and public incitement
to commit genocide; (d) Attempt to commit genocide; (e) Complicity
in genocide.
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Genocide Case Against Israel

• There are, therefore, two elements: the physical acts; and the
specific intent “to destroy, in whole or in part” a specific group.

• Committing these acts, however widespread, is not enough to make


a claim of genocide.

• The specific intent to destroy (dolus specialisis) is what


distinguishes genocide from war crimes, ethnic cleansing, and crimes
against humanity.
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Genocide Case Against Israel

• The Genocide Convention has been ratified or acceded to by 153


States (as of April 2022, with Zambia).

• Other 41 United Nations Member States have yet to do so.

• From those, 18 are from Africa, 17 from Asia and 6 from


America.
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Genocide Case Against Israel

• Israel signed the genocide convention in the year of 1949.

• Similarly, South Africa signed the convention in 1998.

• India also signed the convention in 1949.

• 9 Dec is also celebrated as International Day of


Commemoration and Dignity of the Victims of the Crime of
Genocide and of the Prevention of this Crime.
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Genocide Case Against Israel

What is International court of Justice?

• The ICJ is the principal judicial organ of the United Nations


formed in 1945 that settles legal disputes between States in
accordance with international law.

• It is not a criminal court, and it does not try individuals. That is the
role of the International Criminal Court (ICC).

• Both courts are in The Hague, the Netherlands.


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Genocide Case Against Israel

• The ICJ cannot automatically decide all cases involving breaches of


international law.

• It can only decide cases that are brought before it by States that
consent to its jurisdiction.

• In this instance, consent arises from an article in the Genocide


Convention, specifying that disputes between parties must be
submitted to the ICJ upon the request of any party involved.
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Genocide Case Against Israel

• The ICJ is composed of 15 judges who serve nine-year terms.

• The current Indian Judge in ICJ is Dalveer Bhandari.

• Five seats come up for election every three years, with no


consecutive term limit. Four new judges will take their seats in
February, one of whom is South Africa’s Dire Tladi.

• All ICJ judgements are final, without appeal and binding.


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Genocide Case Against Israel

How often do such genocide cases come before the ICJ?

• In 2022, Ukraine filed a case against Russia, and in 2019, the


Gambia filed a case against Myanmar with respect to the Rohingya.

• The Myanmar case was the first time a state sought the court's
jurisdiction to address genocidal acts against another state's citizens.

• The court agreed that the Gambia had standing to bring the case.
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India-Maldives row

• Maldives is facing a boycott from one of its biggest sources of


tourism income.

• The boycott emerged due to three Maldivian officials mocking


India’s PM Narendra Modi, leading to calls from Indian citizens and
celebrities.

• The calls urged people to opt for domestic beaches instead of the
sun-kissed getaway.
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India-Maldives row

• Tensions between these countries arose following Modi's visit to


Lakshadweep and subsequent comments from Maldivian officials.

• In early January, Modi visited Lakshadweep, an Indian Union


Territory renowned for its stunning beaches.

• Modi utilized social media platforms to share photos and videos


from his Lakshadweep trip, actively promoting the region for tourists.
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India-Maldives row

• Modi's praise for Lakshadweep's beauty prompts speculation


about a strategic effort to shift tourism focus from the Maldives.

• Three Maldives officials expressed criticism, labeling him as a


"clown," "terrorist," and a "puppet of Israel," according to Reuters.

• The Maldives government moved quickly to distance itself from


their comments, suspending the three officials.
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India-Maldives row

• The Maldives government acknowledged "derogatory" social


media comments, emphasizing they are "personal opinions“.

• On January 8, High Commissioner of Maldives Ibrahim


Shaheeb was summoned to the Ministry of External Affairs in
regard to the row.

• Soon thereafter the Indian High Commissioner to Male,


Munu Mahawar was met by Maldivian authorities indicating that
this could be a tit-for-tat move from Maldives.
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India-Maldives row

Who are the three officials?

• Ministers Maryam Shiuna, Malsha Shareef and Mahzoom


Majid have been suspended.

• They are the three Deputy Ministers in the Ministry of Youth


Affairs of Maldives.

• Prominent Maldivians, including former Foreign Minister and


former President of the UN General Assembly Abdulla Shahid
condemned the comments.
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India-Maldives row

Maldives –

• The Maldives, officially the Republic of Maldives, is an archipelagic


state and country in South Asia, situated in the Indian Ocean.

• It lies southwest of Sri Lanka and India, about 750 kilometres


from the Asian continent's mainland

Capital: Malé
Currency: Maldivian Rufiyaa
Official language: Dhivehi
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India-Maldives row

• India and Russia send the largest number of visitors to the


Maldives with Indian in 2023 accounted for 11.2 per cent of the
total tourist arrivals.

• Tourism accounts for almost one-third of its economy,


according to the World Bank.

• Maldives is targeting 2 million arrivals for 2024.


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India-Maldives row

Relations of India- Maldives –

• New Delhi and Male have traditionally had close ties.

• Relations have been tense since President Mohamed Muizzu


came to power in November, 2023.

• He won the election on an 'India Out' campaign, contributing


to the strained atmosphere.
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India-Maldives row

• The controversy came ahead of a week-long visit by President


Mohamed Muizzu to China.

• The newly appointed President has displayed a close alignment


with China since assuming office just over a month ago.

• Soon after taking the top position, he had also called for the
removal of Indian military personnel from the Maldives.
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India-Maldives row

• India and Maldives have strong ties characterized by ethnic,


linguistic, cultural, religious, and commercial connections.

• India was one of the earliest countries to recognize Maldives


independence in 1965 and establish diplomatic relations.

• India's strategic significance in the Maldives is widely acknowledged,


with India being perceived as a key provider of security.
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India-Maldives row

• Maldives opened a full fledged High Commission in New Delhi in


November 2004

• India and Maldives signed a trade agreement in 1981, which provides


for export of essential commodities.

• Under the Neighbourhood First policy and Security and Growth


for All in the Region (SAGAR), India and Maldives have bolstered
their security cooperation.
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India-Maldives row

• In November 2022, India bolstered its partnership with Maldives


by granting a financial aid of US$100 million.

• In May 2023, India provided a Fast Patrol vessel and a Landing


Craft Assault ship to the Maldives National Defence Force (MNDF).

• India actively enhances security collaboration with Indian Ocean


island nations through the Colombo Security Conclave (CSC),
a "minilateral" group.
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India-Maldives row

• India and Maldives have signed a security cooperation pact


which also covers counterterrorism and extremism cooperation..

• The pact includes a $50 million credit line from India for
enhancing maritime capacity.

• India is assisting in the development of a coast guard base in the


Uthuru Thilafalhu atoll.
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India-Maldives row

• India is overseeing the significant Greater Male Connectivity


Project in Maldives.

• The Male connectivity projects will be built under India's $100


million grant and $400 million line of Credit.

• A substantial Indian expatriate community in Maldives is primarily


employed in hospitality, education, and healthcare sectors
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India-Maldives row

• The construction project will involve building a 6.74 km long


bridge and causeway link.

• This infrastructure will connect the capital Male with the adjoining
islands of Villingli, Gulhifalhu, and Thilafushi.

• Discussions on the GMCP were initiated during the visit of External


Affairs Minister S Jaisankar to Male in September 2019.
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India-Maldives row

“India-out” campaign –

• The campaign, now banned by the government, started in 2020


as street protests and quickly gained traction on social media.

• “India Out” – that is the slogan some parties in the Maldives have
been repeating for more than two years now, claiming the
government is selling their country to India

• The campaign has renewed the opposition to the initiative, seeing


it as a way of allowing Indian military presence in the island nation.
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India-Maldives row

• During former strongman Yameen’s term as President from


2013 to 2018, New Delhi-Male relations deteriorated drastically.

• Mr. Yameen’s ultimatum then to New Delhi to withdraw two


Indian helicopters from the strategically important Laamu and
Addu atolls escalated tensions.

• The former President is widely perceived as a friend of China.


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India-Maldives row

• The India Out campaign alleges an Indian military presence in


Maldives.

• This claim was denied by the then Maldivian government, making


it a central focus of the campaign.

• To amplify the India Out campaign’s reach, the then opposition has
expanded its appeals beyond the capital to outer islands.
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India-Maldives row

• On the other hand, the former Solih administration (2018 to


2023) has opted for an ‘India first’ foreign policy.

• It makes no secret of its preference for India as its first choice, be


it on security partnership, development assistance or COVID
response.

• The Muizzu government has again opted for an ‘India-out’ policy.

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