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Published: January 11, 2024
South Africa said on Thursday that Israel is subjecting the Palestinian people to apartheid and genocide, in the first hearing sessions in a lawsuit accusing Israel of committing genocide crimes in Gaza.
Judges of the International Court of Justice began legal pleadings over two days in a lawsuit filed by South Africa accusing Israel of committing genocide in the Gaza Strip.
The President of the International Court of Justice, Joan Donoghue, said that South Africa states that Israel is violating “other fundamental obligations under the (UN) Genocide Convention.”
South African lawyers requested the judges, in today's hearing, to impose binding preliminary orders on Israel, including the immediate cessation of the war on Gaza.
Lawyer in the South African Supreme Court, Adila Hashim, said: “South Africa confirms that Israel violated Article 2 of the (Genocide) Convention by committing acts that fall within the definition of genocide. The acts show a systematic pattern of behavior from which genocide can be inferred.”
The South African government representative emphasized during the session that the Palestinian people are subjected to siege and starvation by Israel, whose forces target civilians throughout the Gaza Strip.
She pointed out that Israel has killed Palestinians from the sea, air, and land. She said: “Israel deliberately destroyed the lives of civilians in the Gaza Strip.”
She also reviewed what Israel practices in terms of mass killing of the Palestinian people, based on the United Nations' confirmation that there is no safe place in Gaza.
She clarified that thousands of civilians were martyred during the Israeli attacks, and nearly 75% of the victims are women and children.
For his part, South African Minister of Justice Ronald Lamola said before the International Court of Justice that Israel launched a large-scale attack on Gaza and violated the Genocide Prevention Convention.
He pointed out that Israel, as an occupying authority, besieges Gaza and prevents entry by land and sea.
Tembika Ngcokaitobi, a lawyer at the South African Supreme Court, said: “Israel has the intent of genocide against Palestinians in Gaza… and this is clear from the manner in which this military attack is being carried out.”
He added, “Rooted in the belief that the enemy is not only Hamas, but is an inseparable part of the fabric of Palestinian life in Gaza.”
On his part, Vistumozi Madensela, South Africa’s representative before the International Court of Justice, said that Israel has evaded punishment for its crimes against Palestinians for decades.
He added that “the Palestinian people have lived a continuous catastrophe since 1948 under the Israeli occupation, which systematically displaced Palestinians, after 75 years of apartheid against them.”
He continued: “The Israeli occupation has stripped Palestinians of their internationally recognized rights, most notably the right to self-determination and the return of refugees to their villages occupied by Israel.”
South Africa had indicated in the case documents that Israel did not provide food, water, medicine, and other basic humanitarian aid to the Palestinian sector.
The documents also indicate the ongoing bombing campaign that resulted in the death of more than 23,000 people according to Gaza health authorities' data.
The gateway of the International Court of Justice in The Hague turned into a hot arena, amid chants and mutual accusations between a crowd demanding justice for Palestine, and another supporting Israel.
Dutch police set up a barrier between supporters of Palestine and supporters of Israel and intervened to prevent clashes, amid angry and enthusiastic atmospheres.
South Africa and Israel are among the countries that signed the 1948 Genocide Prevention and Punishment Convention in response to the genocide massacres against Jews during World War II. Each signatory country has the right to prosecute another country before the International Court of Justice in case of disagreements over “interpretation or application or respect” of the rules aimed at preventing genocide acts.
The court’s rulings are final and legally binding, but it does not have the authority to enforce their application.
South Africa also demands compensation to rebuild Gaza and the return of displaced Palestinians.
It also stressed through its representatives before the International Court of Justice the imposition of interim measures including issuing an order “for the State of Israel to immediately suspend military operations” in Gaza.
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