Author ORCID Identifier
Heidi Matthews: 0000-0002-6149-2462
Document Type
Article
Publication Date
2025
Source Publication
PKI Global Justice Journal (2025) 9 PKI Global Justice Journal 5
Keywords
International Court of Justice; genocide; Gaza; South Africa; Israel; preventing births; international law
Abstract
Abstract In its genocide case against Israel at the International Court of Justice, South Africa alleges that, in the period since October 7, 2023, Israel has imposed measures intended to prevent births within the Palestinian group in Gaza. To the extent that South Africa’s case for ‘preventing births’ relies on the traditional framing of reproductive justice, wherein violations are conceptualized in terms of restrictions on reproductive (read: women’s) health and capacity, it risks advancing the human rights of ‘women and children’ at the expense of a more progressive development of the law of genocide. This article uses the ongoing genocidal violence in Gaza to argue that ‘preventing births’ should be decoupled from an attachment to conflict-related sexual and gender-based violence which, despite some limited advances to include men and boys within its purview, remains overwhelmingly dedicated to advancing the rights of women and girls in war. This article critically engages South Africa’s case with a view to (re)constructing its approach to ‘preventing births’ as a genocidal act. In short, it argues that Gaza offers us an opportunity to interpret and apply the law on ‘preventing births’ in a way that adequately accounts for reproductive violence committed against all genders.
Repository Citation
Matthews, Heidi, "‘Preventing Births’ as a Gender-Neutral Harm: Making Sense of Reproductive Violence in South Africa’s Genocide Case Against Israel" (2025). Articles & Book Chapters. 3196.
https://digitalcommons.osgoode.yorku.ca/scholarly_works/3196
Included in
International Humanitarian Law Commons, International Law Commons, Law and Gender Commons
