South Africa has asserted that Israel is engaged in actions amounting to genocide in Gaza. The South African delegation has called upon the ICJ to urgently mandate a suspension of Israel’s extensive military operations within the Palestinian enclave.
On the first day of the hearing South Africa claimed that Israel’s military campaign in Gaza has resulted in significant destruction and a reported death toll exceeding 23,000 individuals according to Gaza health authorities, is allegedly driven by an objective to achieve “the destruction of the population” of Gaza.
Tembeka Ngcukaitobi said that “the intent to destroy Gaza has been nurtured at the highest level of state,” He further informed the court that both Israel’s political and military leadership are involved in the genocide.
How the military offensive is being executed serves as a clear indication, as stated by the speaker.
Israel has refuted allegations of engaging in genocide, dismissing them as unfounded and devoid of merit. Furthermore, Israel contested the assertion that South Africa was representing the interests of Hamas, a claim characterized as inaccurate by Pretoria.
Prime Minister Netanyahu said that the proceedings were marked by a presentation of hypocrisy and falsehoods.
In a released statement, he remarked on the perceived paradox of Israel being accused of genocide while contending that its military actions were undertaken in opposition to such atrocities.
Israel is engaged in a military conflict against groups that are engaged in crimes such as crimes against humanity, including acts of violence such as slaughtering, raping, burning, dismembering, and beheading.
The conflict escalated following a cross-border incident on October 7, attributed to Hamas militants by Israeli officials, resulting in casualties and hostages.Israel authorities claim that 1200 people have been killed and 240 taken hostage in this attack by Hamas.
Israel asserts that its military operations target Palestinian militants and not the broader Palestinian population.
In presenting allegations of genocidal acts, South Africa has highlighted Israel’s sustained bombing campaign and statements made by Israeli Defence Minister Yoav Gallant regarding a total blockade as part of the conflict against human animals.
Ngcukaitobi said, “the evidence of genocidal intent is not only chilling, it is also overwhelming and incontrovertible.”
The argument presented by South Africa emphasizes the concept of genocidal as defined by the 1948 Genocide Convention, which addresses acts committed with the intent to destroy, in whole or in part, a national, ethnical, racial, or religious group. The characterization of evidence as “overwhelming and incontrovertible” underscores the gravity of the allegations.
EMERGENCY RULING
Since the commencement of Israeli military operations, a substantial portion of Gaza’s population, numbering approximately 2.3 million individuals in one of the world’s most densely populated regions, has experienced displacement, leading to a severe humanitarian crisis.
This ongoing situation has resulted in a daily accumulation of irreversible human, property, dignity, and humanitarian losses for the Palestinian people, as articulated by Adila Hassim, an advocate in South Africa’s high court.
Individuals are seated within the the International Court of Justice (ICJ) on the occasion of a trial addressing a plea for urgent measures put forth by South Africa. South Africa has petitioned the court to mandate Israel to cease its military operations in Gaza and refrain from actions deemed genocidal by South Africa. The plea underscores South Africa’s historical support for the Palestinian cause, a solidarity established during the African National Congress’s struggle against white-minority rule, which was reciprocated by Yasser Arafat’s Palestine Liberation Organisation.
The alleviation of suffering is contingent upon an edict issued by this court
Post-apartheid South Africa has consistently advocated for the Palestinian cause, a diplomatic alliance established during the African National Congress’ anti-white minority rule struggle, which received support from Yasser Arafat’s Palestine Liberation Organisation.
Recently, South Africa presented its arguments, urging the International Court of Justice (ICJ) to implement emergency measures to halt the ongoing conflict.
The court is anticipated to render a decision on prospective emergency measures later this month, yet it will refrain from adjudicating on the allegations of genocide during this period, as the proceedings require years.
It is noteworthy that the International Court of Justice (ICJ) renders conclusive and non-appealable decisions; however, it lacks a mechanism for enforcement.
PRO-PALESTINIAN AND PRO-ISRAEL DEMONSTRATIONS
In its legal submissions, South Africa references Israel’s alleged failure to provide essential humanitarian assistance, including food, water, and medicine, to Gaza. This situation arose after the 2007 seizure of power by Hamas, occurring two years after Israel’s withdrawal of settlers and soldiers from the region.
A resident of Gaza, Amer Salah, aged 23, presently taking refuge in a U.N. school in the southern part of the enclave after fleeing his residence, expressed optimism that the ongoing trial would exert pressure on Israel.
Salah called upon the international community to denounce what he perceives as Israeli killings, massacres, destruction of Gaza, and bloodshed.
Hamas official Sami Abu Zuhri, in a statement to Reuters, expressed keen interest in the ongoing court proceedings,
Emphasizing the significance of the justice system’s assessment. He urged the court to withstand external pressures and decide to classify the Israeli occupation as criminal, advocating for a cessation of aggression in Gaza.
Demonstrations unfolded in The Hague with supporters from both sides.
Thousands of pro-Israel demonstrators, carrying Israeli and Dutch flags alongside posters depicting individuals held hostage by Hamas, marched in the city center.
Gabi Patlis, originally from Tel Aviv and currently residing in the Netherlands, lamented the accusation of genocide against Israel, particularly in the context of the October 7th attack.
Law enforcement agencies ensured a separation between the pro-Israel march and a concurrent pro-Palestinian rally. The latter featured participants holding placards with messages such as “Free Palestine. Stop genocide,” accompanied by red-and-green colored smoke symbolizing the Palestinian flag.
Sara Galli, a pro-Palestinian demonstrator, expressed the hope that the court would achieve a long-sought permanent ceasefire and establish a secure humanitarian corridor to prevent further casualties.
