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Published: January 11, 2024
The prominent American human rights lawyer and academic, Francis Boyle, said that “there is a strong possibility that South Africa will win the genocide lawsuit it filed against Israel at the International Court of Justice,” stressing that this could have “serious consequences” for Tel Aviv.
This came in an interview with Anadolu Agency with Boyle, regarding the feasibility of the case that South Africa filed against Israel in the Hague court, whose first session will begin today, Thursday.
Boyle contributed to preparing the indictment against the former Serbian President Slobodan Milosevic, accused of committing genocide in Srebrenica, who died in prison during his trial.
The International Court of Justice, the highest court in the United Nations, is scheduled to hear the case filed by South Africa at the end of 2023 against Israel, accusing it of violating the 1948 United Nations Convention on the Prevention and Punishment of the Crime of Genocide during its war on Gaza that has been ongoing since October 7, 2023.
** South Africa has the best lawyers
Boyle said that “various scenarios could arise in the case if the court convicts Israel of committing genocide, including South Africa turning to the UN Security Council to enforce the decision, suspend Israel’s participation in UN activities, prosecution, and economic sanctions.”
The American lawyer continued: “I have read all the pleadings submitted by South Africa, and my analysis based on my knowledge, assessment, and experience is that there will be an order to stop Israel’s attacks on the grounds that it is committing genocide against the Palestinians.”
He expressed his belief that “South Africa will win the lawsuit, and when the court decision is issued, it can have very serious consequences for Israel, then the whole world will know that Israel is committing genocide against the Palestinians.”
Boyle pointed out that “two sessions will be held this week in the case, and an order to stop the unfair practices against Palestine may be issued within a week.”
He explained that “South Africa has the best lawyers on the international stage, and they definitely know what they are doing, and I say again: I believe they will win.”
Regarding Israel’s objection to the mentioned case, Boyle said that it “realizes that any decision by an international court against it will cause it serious and irreversible wounds.”
** The American role
Boyle pointed out that “the President of the International Court of Justice is the American judge Joan Donoghue, who was a former employee at the U.S. State Department, where she can use her influence in favor of Israel.”
He indicated that “Donoghue may pass information to the U.S. administration, and I am sure that she will steer the legal process in the case in favor of Israel and the United States and against South Africa.”
He confirmed that “South Africa will appoint a judge at the court on its behalf, and they hope that this judge can put up a good fight with Donoghue,” explaining that the latter will leave her post on February 4, “but this will happen after the hearing sessions.”
Boyle pointed out that “if the court issues an order against Israel to stop the unfair practice, the U.S. government will be convicted according to the Convention on the Prevention and Punishment of the Crime of Genocide, regarding complicity in genocide.”
The American lawyer pointed out that “the administration of U.S. President Joe Biden is definitely complicit in the Zionist genocide against the Palestinians, assisting and inciting it, and this also conflicts with the implementing legislation of the Genocide Convention issued by the U.S. government.”
He indicated that “a lawsuit has been filed against the Biden administration in the United States, accusing it of complicity in the genocide committed by Israel, and this case is now in the American courts.”
Boyle also criticized the International Criminal Court's inaction regarding the cases filed against Israel, describing the court as “corrupt and vile.”
He concluded by saying, “Since 2009, and under three different prosecutors, the International Criminal Court has not moved a finger for the Palestinians, and since that date, the blood of all the Palestinians who were killed is stained on the hands of the International Criminal Court.”
The day before yesterday, Israeli President Isaac Herzog said at the beginning of a meeting with U.S. Secretary of State Antony Blinken in Tel Aviv: “Thursday, proceedings will begin at the International Court of Justice in The Hague, where South Africa filed a lawsuit against Israel accusing it of alleged genocide, there is nothing more horrific and ridiculous than this claim,” according to his statement.
He continued: “With South Africa’s hypocrisy, we will be there at the International Court of Justice, and we will proudly present our case of self-defense under our inherent right and pursuant to international humanitarian law.”
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