What to know: South Africa's genocide case against Israel at ICJ

United States Courts

Israel is defending itself in the United Nations’ highest court Thursday against allegations that it is committing genocide with its military campaign in Gaza.

South Africa asked the International Court of Justice to order Israel to immediately stop the war, alleging it has violated the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, which was drawn up in the aftermath of World War II and the Holocaust.

The convention defines genocide as acts such as killings “committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group.”

South Africa’s 84-page filing says Israel’s actions “are genocidal in character because they are intended to bring about the destruction of a substantial part” of the Palestinians in Gaza.

It asks the ICJ for a series of legally binding rulings declaring that Israel is breaching “its obligations under the Genocide Convention,” and ordering Israel to cease hostilities, offer reparations, and provide for the reconstruction of all it has destroyed in Gaza.

The filing argues that genocidal acts include killing Palestinians, causing serious mental and bodily harm, and deliberately inflicting conditions meant to “bring about their physical destruction as a group.” And it says Israeli officials have expressed genocidal intent.

During opening arguments, South African lawyers said the latest war is part of decades of Israeli oppression of Palestinians.

Many South Africans, including President Cyril Ramaphosa, compare Israel’s policies regarding Palestinians in Gaza and the West Bank with South Africa’s past apartheid regime of racial segregation. Israel rejects such allegations.

Israel, which was founded in the aftermath of the Holocaust, has denounced the genocide claim. The Foreign Ministry said South Africa’s case lacks legal foundation and constitutes a “despicable and contemptuous exploitation” of the court.

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USCIS Will Begin Accepting CW-1 Petitions for Fiscal Year 2019

On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin accepting petitions under the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program subject to the fiscal year (FY) 2019 cap. Employers in the CNMI use the CW-1 program to employ foreign workers who are ineligible for other nonimmigrant worker categories. The cap for CW-1 visas for FY 2019 is 4,999.

For the FY 2019 cap, USCIS encourages employers to file a petition for a CW-1 nonimmigrant worker up to six months in advance of the proposed start date of employment and as early as possible within that timeframe. USCIS will reject a petition if it is filed more than six months in advance. An extension petition may request a start date of Oct. 1, 2018, even if that worker’s current status will not expire by that date.

Since USCIS expects to receive more petitions than the number of CW-1 visas available for FY 2019, USCIS may conduct a lottery to randomly select petitions and associated beneficiaries so that the cap is not exceeded. The lottery would give employers the fairest opportunity to request workers, particularly with the possibility of mail delays from the CNMI.

USCIS will count the total number of beneficiaries in the petitions received after 10 business days to determine if a lottery is needed. If the cap is met after those initial 10 days, a lottery may still need to be conducted with only the petitions received on the last day before the cap was met. USCIS will announce when the cap is met and whether a lottery has been conducted.

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