Summary
The United Nations treaty body (CERD) whose early warning procedure and statements of 27 October and 21 December 2023 South Africa’s Application relies on both for the existence of a dispute and for recognition of the risk of genocide against Palestinians in Gaza (Application instituting proceedings and request for the indication of provisional measures (South Africa v. Israel), PDF p.2, p.67-70).
Details
- The Application records that Palestine and other States called on CERD, among others, to act to prevent genocide, and cites CERD’s Declaration on the Prevention of Genocide, printed “(CRD/C/66/1)” as printed (PDF p.2, footnote 7; the same form appears at PDF p.70, footnote 514).
- On 27 October 2023 CERD stated it was “[h]ighly concerned about the sharp increase in racist hate speech and dehumanization directed at Palestinians since 7 October”, singling out Defence Minister Yoav Gallant’s 9 October statement referring to Palestinians as ‘human animals’ as language which could incite genocidal actions (PDF p.67-68, footnote 508).
- On 21 December 2023, acting under its early warning and urgent action procedure and reiterating its earlier statement, CERD warned of “hate speech and dehumanising discourse targeted at Palestinians, raising severe concerns regarding Israel’s and other State parties’ obligation to prevent … genocide”, and called on all State parties to respect their obligations under the Genocide Convention and to cooperate to bring an end to the violations and to prevent genocide (PDF p.69-70, footnote 514).
- The Application also lists CERD among the bodies that have considered the acts alleged capable of falling within the provisions of the Genocide Convention (PDF p.76).
Related pages
Application instituting proceedings and request for the indication of provisional measures (South Africa v. Israel), South Africa v. Israel (Genocide Convention), Genocide Convention, Genocide