Israel set to appear before International Court of Justice, not criminal court | Fact check

Andre Byik, USA TODAY
·3 min read
54

The claim: Israel set to face genocide charges in International Criminal Court

A Jan. 2 Instagram post (direct link, archive link) shows two officials posing for photos in front of the South African and Palestinian flags.

"Breaking: Israel will face genocide charges on Jan 11 in ICC," reads the caption on the post, which is a screenshot of a post on X, formerly Twitter.

ICC is an acronym for the International Criminal Court.

The Instagram post was liked more than 25,000 times in two days. The original X post was reposted more than 33,000 times in three days.

More from the Fact-Check Team: How we pick and research claims | Email newsletter | Facebook page

Our rating: Partly false

There is an ongoing case against Israel, but not in the court referenced here. The International Court of Justice, or ICJ, scheduled hearings on Jan. 11 and Jan. 12 related to South Africa's claim that Israel's ongoing war in Gaza amounts to genocide. This is not a criminal court. The International Criminal Court, or ICC, investigates individuals − not groups or states.

Post confuses courts based in The Hague

There are no credible reports of the International Criminal Court, which is based in The Hague, Netherlands, scheduling a Jan. 11 hearing involving Israel, as the post claims.

The International Criminal Court's calendar does not list any hearings involving Israel on Jan. 11, and the court has not released any statements about an upcoming hearing involving Israel.

The International Criminal Court does not prosecute groups or states, according to the court. It investigates and tries individuals for genocide, war crimes and crimes against humanity.

The court has had a broad investigation into possible war crimes by Israelis and Palestinians in Palestinian territories since 2014 that is ongoing, however. International Criminal Court Prosecutor Karim Khan said in a Nov. 17, 2023, statement that his office's investigation, started in 2021, encompasses the escalation in hostilities since Oct. 7, 2023. Khan affirmed the investigation's ongoing status in a Dec. 3, 2023, video statement.

Israel is not a member state of the International Criminal Court and, according to news reports, Israel does not recognize the court's authority.

However, the International Court of Justice, a separate court also based in The Hague, announced Jan. 3 that it will hold public hearings on Jan. 11 and Jan. 12 related to South Africa's genocide case against Israel.

The International Court of Justice is the main judicial body of the United Nations. It is not a criminal court. Instead, it settles legal disputes between states.

South Africa filed an application with the U.N. court on Dec. 29, 2023, alleging that since the Oct. 7, 2023, Hamas attack, Israel has "engaged in, is engaging in and risks further engaging in genocidal acts against the Palestinian people in Gaza."

Fact check: Viral video shows fabricated Times Square billboard condemning Hamas violence

South Africa is seeking an immediate suspension of Israel's military operations in the Gaza Strip. A Jan. 2 article by PBS News Hour says Israel plans to defend itself in court.

Unlike the justice court, the International Criminal Court is independent of the U.N.

The Instagram user and X user did not immediately respond to requests for comment. The International Criminal Court also did not immediately respond to a request for comment.

Our fact-check sources:

Thank you for supporting our journalism. You can subscribe to our print edition, ad-free app or e-newspaper here.

USA TODAY is a verified signatory of the International Fact-Checking Network, which requires a demonstrated commitment to nonpartisanship, fairness and transparency. Our fact-check work is supported in part by a grant from Meta.

This article originally appeared on USA TODAY: ICJ, not ICC, set hearings in Gaza Strip genocide case | Fact check