Landmark world court hearings begin on South African petition against Israel

The ICJ hearings, which have garnered international attention, mark a pivotal moment in addressing allegations of genocide in the Gaza Strip

Muslim Network TV Desk

THE HAGUE, Netherlands – In a historic moment that has captured the world’s attention, the International Court of Justice (ICJ) commenced hearings in The Hague, focusing on the South African petition accusing Israel of committing genocide in the Gaza Strip.

The proceedings began with South African Justice Minister Ronald Lamola emphasizing the significance of the Geneva Convention and the well-being of both Palestinians and Israelis.

Adila Hassim, one of the lawyers representing South Africa, took the stage as the first speaker among a battery of legal experts.

She passionately argued that Israel’s actions constituted genocide, presenting a compelling case supported by harrowing images of mass graves. These visuals underscored the mass killings and inhumane treatment of Palestinians, drawing the world’s attention to the suffering endured by the Palestinian people.

“South Africa contends that Israel has transgressed Article 2 of the Genocide Convention by committing actions that fall within the definition of genocide,” she said.

Hassim then argued to define that Israel’s acts were genocidal. She said Israel’s infliction of serious bodily or mental harm to Palestinians in Gaza violates Article 2B of the Genocide Convention.

“Israel’s attacks have left close to 60,000 Palestinians wounded and maimed again, most of them women and children. All this in circumstances where the healthcare system has all but collapsed. The suffering of the Palestinian people, physical and mental, is undeniable,” she added.

Hassim then showed a map of Gaza to the court making the point that Israel continues to exercise control over the space’s territorial waters, land crossings, water, electricity, and electromagnetic sphere, and some of the infrastructure in Gaza as well as over key governmental functions.

She said entry and exit by air and sea to Gaza is prohibited, with Israel operating the only two crossing points.

“Israel deployed 6,000 bombs per week. At least 200 times, it has deployed 2,000-pound (907kg) bombs in southern Gaza, which it designated safe. No one is spared. Not even newborns. U.N. chief has described it as a graveyard for children,” she added.

-Genocidal intent

Lawyer Tembeka Ngcukaitobi, who took the stage after Hassim shed light on the genocidal intent evident in Israel’s actions, including troubling rhetoric within the Israeli Knesset.

He said Israel’s “genocidal intent against the Palestinians in Gaza is evident from how Israel’s military attack is being conducted”.

He said: “Palestinians in Gaza are entitled to exist” and “there is an urgent need for provisional measures to protect Palestinians in Gaza from the irreparable prejudice caused by Israel’s violation of the Genocide Convention.”

He referred to Israeli Prime Minister Benjamin Netanyahu’s comments on October 28, 2023, urging ground troops preparing to enter Gaza to “remember what Amalek has done to you.”

“This refers to the Biblical command by God to Saul for the retaliatory destruction of an entire group of people,” the lawyer said.

“The genocidal invocation to Amalek was anything but idle. It was repeated by Mr Netanyahu in a letter to the Israeli armed forces on November 3, 2023”, he added, noting that the prime minister’s invocation is being used by Israeli soldiers to justify the killing of civilians in Gaza.

Ngcukaitobi then proceeded to show a video shared on social media where soldiers were filmed chanting and singing, “May Gaza be erased”.

He said Israel’s “genocidal intent against the Palestinians in Gaza is evident from how Israel’s military attack is being conducted.”

Ngcukaitobi said that South Africa was not alone in drawing attention to Israel’s genocidal rhetoric against Palestinians, saying that at least 15 UN special rapporteurs and 21 members of the UN working groups have warned that what is happening in Gaza reflects a genocide in the making.

He added that genocidal intent is evident in the way Israel’s military is conducting attacks, including the targeting of family homes and civilian infrastructure.

“Israel’s political leaders, military commanders and persons holding official positions have systematically and in explicit terms declared their genocidal intent,” he added.

Ngcukaiitobi said that the “genocidal rhetoric” has become common within the Israeli Knesset, with several MPs calling for Gaza to be “wiped out, flattened, erased and crushed.”

After the two South African lawyers, Vaughan Lowe, a respected professor, and U.K.-based practicing barrister, highlighted that the case met the five requirements for provisional measures.

Blinne Ni Ghralaigh, another lawyer representing South Africa, stressed the urgent need for provisional measures to protect Palestinians in Gaza from the irreparable harm caused by Israel’s violation of the Genocide Convention. She cited statements from UN officials describing the situation in Gaza as a “crisis of humanity” and “a living hell.”

-Rationale of provisional measures

Du Plessis, another legal expert representing South Africa, outlined the rationale for provisional measures, emphasizing that they align with the Genocide Convention’s objectives. He argued that Israel’s actions are capable of being characterized as at least plausible genocidal, citing evidence of genocidal intent in Israeli government statements and soldiers’ behavior.

Du Plessis also highlighted the obligation of South Africa to prevent genocide, including by taking all reasonable measures within its power to influence those perpetrating or inciting genocide. He emphasized that South Africa’s obligation is driven by the need to protect Palestinians in Gaza from genocidal acts.

Professor John Dugard, another legal expert, addressed the question of jurisdiction and reminded the court that obligations under the Genocide Convention are “erga omnes,” owed to the international community as a whole. Dugard highlighted South Africa’s efforts to communicate with Israel before filing the case, emphasizing that Israel’s response failed to address the issues raised and did not confirm or deny the existence of a dispute.

The hearings are set to continue with Israel’s response on Friday.

South Africa, after its presentation, called for provisional measures, drawing parallels with the Gambia’s case against Myanmar regarding the Rohingya population and the ICJ’s actions concerning the Russia-Ukraine war.

South Africa urged the ICJ to rule on various provisional measures, including halting military operations by Israel, preventing food and water deprivation, stopping incitement to genocide, and safeguarding witnesses and case materials. This momentous ICJ hearing marks the first time Israel has faced trial under the U.N.’s Genocide Convention, reflecting global concerns about the situation in Gaza.

The Secretary-General of the Arab League and several countries, including Malaysia, Turkey, Jordan, and the Organization of Islamic Cooperation (OIC), expressed their support for South Africa’s case.

This international support underscores the gravity of the allegations against Israel.

At the outset of the proceedings, ICJ President Joan Donoghue introduced South African Judge Dikgang Ernest Moseneke and Israeli Judge Aharon Barak on the bench.

South Africa’s ambassador to the Netherlands, Vusimuzi Madonsela, emphasized that his country acknowledges the genocidal acts and permissions by Israel as part of a continuous pattern of illegal acts perpetrated against the Palestinian people since 1948.

South Africa’s justice minister reiterated his country’s commitment to extending a helping hand to the people of Palestine, emphasizing their shared humanity.

South Africa’s request for provisional measures includes the cessation of Israeli military operations in Gaza, preventing deprivation of access to adequate food and water, refraining from actions that may escalate the dispute, and ensuring that persons under Israel’s control do not incite genocide. Provisional measures, though not uncommon, hold significant weight in addressing immediate humanitarian concerns.

The ICJ hearings, which have garnered international attention, mark a pivotal moment in addressing allegations of genocide in the Gaza Strip.

While the court’s decisions are typically recognized by member countries, enforcing them remains challenging. Nevertheless, this historic case highlights the global community’s commitment to upholding international law and seeking justice for the Palestinian people.