South Africa's Arguments Before the Court

South Africa presents its case, International Court of Justice, January 11, 2024.

The Palestine Chronicle carried a detailed article on January 11 titled "South Africa Argues 'Genocidal Intent' by Israel in Gaza." The article points out that the South African legal team clearly demonstrated:

1) The "evidence of genocidal intent" through statements by government officials along with videos in which Israeli military forces express a clear understanding of implementing that intent through their murderous actions;

2) Clear evidence of Israel "committing actions that fall within the definition of acts of genocide" contrary to Article II of the Geneva Convention and showing "a systematic pattern of conduct from which genocide can be inferred." Even Israeli so-called notices to evacuate issued ahead of air and ground assaults have been issued and executed in a manner that shows genocidal intent, not humanitarian consideration for the civilian population.

3) Jurisdiction of the International Court of Justice (ICJ).

4) The "right to exist" of Palestinians in Gaza is endangered and as such the right to exist of the Palestinian nation. To situate the right to exist, and the threats to that right, "requires the Court to appreciate that this Application by South Africa is brought within a particular context," Advocate and Law Professor Max Du Plessis explained.

5) That what is happening in Gaza now is not correctly framed as a simple conflict between two parties. It entails, instead, destructive acts perpetrated by an occupying power, Israel, that has subjected the Palestinian people to an oppressive and prolonged violation of their rights to self-determination for 56 years. And those violations, Du Plessis said, "occur in a world where Israel for years has regarded itself as beyond and above the law."

6) That "there is an urgent need for provisional measures to protect Palestinians in Gaza from the irreparable prejudice caused by Israel's violations of the Genocide Convention." It pointed out that the current genocide far exceeds in scope and scale previous cases in which the ICJ has adjudicated and indeed found the facts demonstrated genocide.

7) That the immediate decision required by the ICJ concerned "the question of what provisional measures are required pending its final decision on the merits." Professor Vaughan Lowe said, "Israel says that Palestine and Palestinians are not its target, and that its aim is to destroy Hamas. But months of continuous bombing, flattening entire residential blocks and cutting off food and water and electricity and communications to an entire population, cannot credibly be argued to be a man-hunt for members of Hamas.

"It is an indiscriminate attack, killing, maiming and terrorizing the entire population of Gaza with no regard to questions of innocence or guilt, obliterating the homes and cities in which they live ... and destroying any practical possibility of their return to make their homes amidst the rubble." 

Specific preliminary actions called for by the South African legal team included:

- an order from the Court for the "immediate suspension" of Israel's military operations in and against Gaza;

- that any military or irregular armed units take no steps in furthering the military operations referred to before;

- that both South Africa and Israel take reasonable measures within their power to prevent genocide;

- that Israel be requested to submit a report to the Court on all measures taken to give effect "to this Order within one week, as from date of this Order, and thereafter at such regular intervals as the Court shall order, until a final decision on the case is rendered by the Court, and that such reports shall be published by the Court."

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This article was published in

Volume 54 Number 4 - January 12, 2024

Article Link:
https://cpcml.ca/Tmlm2024/Articles/MS54042.HTM

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