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ICJ hears South Africa’s genocide case versus Israel over Gaza war

ByRomeo Minalane

Jan 12, 2024
ICJ hears South Africa’s genocide case versus Israel over Gaza war

Israel deals with allegations that it is subjecting Palestinians in Gaza to genocidal acts, as the International Court of Justice (ICJ) started a hearing on South Africa’s genocide case versus it on Thursday.

Amidst Israel’s continuous three-month war in Gaza, more than 23,000 Palestinians, primarily females and kids, have actually been eliminated, legal representatives informed the leading United Nations court. The majority of Gaza’s population of 2.3 million has actually been displaced, and an Israeli blockade seriously restricting food, fuel and medication has actually triggered a humanitarian “disaster”, according to the UN.

South Africa’s case in The Hague argues that Israel broke the 1948 genocide convention, developed in the after-effects of the Holocaust, which mandates that all nations avoid the reoccurrence of such criminal offenses. It submitted an 84-page file with the court detailing acts it states total up to genocide in Gaza.

Adila Hassim, a legal representative representing South Africa, informed the ICJ that Israel had actually breached Article II of the Genocide Convention, that included the “mass killing” of Palestinians in Gaza.

“Israel released 6,000 bombs weekly … No one is spared. Not even babies. UN chiefs have actually explained it as a graveyard for kids,” she stated.

“Nothing will stop the suffering, other than an order from this court,” she included. South Africa has actually required that the ICJ order Israel to suspend its military project.

A pro-Palestinian demonstrator holds a placard throughout a demonstration near the International Court of Justice [Thilo Schmuelgen/Reuters]

Called the World Court, the ICJ is the greatest UN legal body that can adjudicate problems in between member states.

Alanna O’Malley, a teacher of UN and worldwide history, informed Al Jazeera that South Africa’s case was a “historical” one.

“We see from the invocation of the different short articles of the Genocide Convention by the South African legal group the methods which they are going to structurally provide this case,” she stated outside the court in The Hague, calling it “exceptionally engaging”.

South African President Cyril Ramaphosa stated his country was pursuing the case of what it called “the continuous massacre of individuals of Gaza”.

Israel will react to the claims made by South Africa on Friday.

Israeli Prime Minister Benjamin Netanyahu stated that hypocrisy and lies had actually existed to the UN’s leading court, including that South Africa’s allegation versus Israel of genocide in Gaza might just occur in a world turned upside-down.

“We are battling terrorists, we are combating lies,” Netanyahu stated. “Today we saw an upside-down world. Israel is implicated of genocide while it is battling versus genocide.”

“Israel is battling homicidal terrorists who performed criminal offenses versus humankind: They butchered, they raped, they burned, they dismembered, they beheaded– kids, females, senior, boys and ladies,” he stated. “The hypocrisy of South Africa screams to the paradises.”

‘Genocidal intent’

Tembeka Ngcukaitobi, another legal representative for South Africa, took on the concern of Israel’s “genocidal intent” versus the Palestinians in Gaza, typically the most challenging thing to show in a case of this kind.

“Israel’s politicians, military leaders and individuals holding main positions have methodically and in specific terms stated their genocidal intent,” he stated.

“These declarations are then duplicated by soldiers on the ground in Gaza as they participate in the damage of Palestinians and the physical facilities of Gaza.”

Ngcukaitobi gave the court’s attention Israeli Prime Minister Benjamin Netanyahu’s talk about October 28, 2023, prompting ground soldiers preparing to get in Gaza to “remember what Amalek has actually done to you”.

“This describes the Biblical command by God to Saul for the vindictive damage of a whole group of individuals,” the attorney stated.

“The proof of genocidal intent is not just cooling, it is likewise frustrating and incontrovertible,” he included.

Israel has actually declined the allegations of genocide as unwarranted, with President Isaac Herzog calling the case “unbelievable” and stating it makes up a “blood libel”.

On Thursday, Israel’s foreign ministry spokesperson, Lior Haiat, called the case “hypocrisy” and implicated South Africa of being the “legal arm” of Hamas.

‘Stop genocide’

Gaza resident Aya Daloul stated she expected a beneficial choice and for the ICJ to assist “stop the Israeli genocide versus the Palestinians”.

“The war should concern an end. We require to return home and reside in flexibility and peace,” she informed Al Jazeera.

Outside the ICJ, a great deal of demonstrators collected to reveal uniformity with Palestinians and require an end to Israel’s war, with individuals holding Palestinian flags and shouting sometimes: “Stop, stop genocide”, “We are all Palestinians” and “Boycott Israel”.

“I’m here since we simply can’t help this genocide every day on social networks and refrain from doing anything,” stated Kim Wouters, a demonstrator who took a trip from Brussels.

South Africans are feeling “a lot of pride” over the legal action taken by their nation, stated Al Jazeera’s Fahmida Miller, reporting from Pretoria.

“What is occurring in Gaza resonates really deeply with lots of South Africans since of their own history of apartheid, subjugation, injustice, institutionalised bigotry and the difficulties South Africans have actually needed to get rid of,” she stated.

White House nationwide security representative John Kirby informed press reporters on Thursday that the United States sees no basis for South Africa’s claims of genocide versus Israel over civilian deaths in Gaza.

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