Chile Eboe-Osuji, former president of the International Criminal Court (ICC), points to possible complicity of states that supplied weapons to the occupying entity:
“… some of the States that deny the merits of South Africa’s case have their own good names to worry about, given the potential fallout from the lawsuit. That is because some of them have openly ramped up or offered a practically unlimited supply of weapons to Israel to facilitate its campaign in Gaza.
For instance, counsel for South Africa dwelt at length on Israel’s dropping of hundreds of 2,000-pound bombs in Gaza, alleging that such a practice was among the ways that it committed genocide there. And it is the United States that has supplied technology and equipment to deploy such munitions.
That aspect of these developments inevitably raises the question whether the States that knowingly supplied the weapon systems that Israel used should also worry about the logical conclusion that they, too, have been guilty of complicity in genocide (under article III(e) of the Convention], should the ICJ agree that Israel committed genocide in its military campaign.”