By Aya Khalaf | Staff Writer
On December 29th, 2023, South Africa accused Israel of genocidal acts and war crimes committed against Palestinians in Gaza. In an unprecedented move, South Africa has brought Israel to the ICJ accusing it of “genocidal acts” in its assaults on Gaza, asking the court to rule on whether the continuing violence unfolding in Gaza amounts to genocide and requesting provisional measures to be set by the Court.
Public hearings in the ICJ commenced on the 11th of January 2024. The hearing began with South Africa presenting its case against Israel where the former accused the latter of violating the 1948 Genocide Convention which both countries are part of. The South African legal team has demanded that Israel must immediately suspend its military operations in Gaza that have been ongoing since the 7th of October leading to the death of over 23,000 Palestinians and displacing over 2.3 million citizens.
Ronald Lamola, South Africa’s minister of Justice who led South Africa’s delegation to the Hague stated that Israel’s response to the attacks by Hamas on October 7 in southern Israel “crossed a line”. Lamola argued that “no armed attack on a state territory, no matter how serious, even an attack involving atrocity crimes, can provide justification for or defense to breaches to the 1948 Genocide Convention whether it’s a matter of law or morality”.
After three hours of detailed descriptions of what South Africa believes is a compelling case of genocide, the court was adjourned. The hearing then resumed on Friday, the following day, to hear Israel’s oral arguments. Tal Becker, the legal adviser of the Israeli Ministry of Foreign Affairs, presented Israel’s opening statements arguing that “South Africa had ignored the events of October 7” and that “Israel had the right to defend itself against Hamas”. He then proceeded to accuse South Africa of having close ties with Hamas – which South Africa denied as a response.
Galit Raguan, acting director of the international justice division at Israel’s Justice Ministry and attorney general of the Israeli legal team at the Hague, blamed Hamas for the high civilian toll in Gaza and asserted that Israel had not bombed hospitals. After both countries presented their statements, Israeli Prime Minister, Benjamin Netanyahu announced on the 13th of January: “Nobody will stop us-not The Hague, not the axis of evil and not anybody else.”
By the end of the hearing on the 12th of January, Palestinian officials stated that Israel’s legal team has allegedly not backed their statements with “solid proof”.“We think that what the Israeli team today has tried to provide is the exact thing that South Africa came to the court for – and that is, nothing at all justifies genocide.” said the Palestinian foreign ministry official Ammar Hijazi.
Kenneth Roth, former head of Human Rights Watch, stated to Al Jazeera that South Africa’s legal team has put together a factually-detailed, legally compelling case, adding that it would be completely “comedical” of Israel’s legal team to justify their genocidal actions against the Palestine people as a form of self-defense as a response to Hamas’ attack.
Additionally, Martin Shaw, Professor of International Relations and Politics at the University of Sussex, stated, “At this stage, the ICJ will address precautionary measure requests rather than making a final determination on genocide”. This was stated after Israel’s legal team emphasized that despite Israeli officials’ statements inciting genocide, there was never a direct intention to commit genocidal acts upon Palestinians in Gaza that they were initially accused of.
Hearing ceased on the 12th of January concluding with 88 countries backing South Africa’s case and with the European Union remaining silent and showing support to Israel. The case concluded with both South Africa and Israel presenting their statements to be reviewed by the ICJ judges at the Hague.
The next hearing and sitting of the court resumed on the 26th of January where the ICJ delivered its ruling. First, 15 out of 17 judges voted for Israel to take actions into preventing the attempt of a genocide against civilians in Gaza as outlined in Article 2 of the 1948 Genocide Convention, in addition to taking emergency measures that covered most of what South Africa had asked for. The court also said that Israel must “prevent and punish” any possible incitement to genocide. It also urged Israel to suspend its military operations in Gaza after South Africa’s accusation of Israel intending on “causing destruction in significant parts of the Palestinians’ national, ethnic and racial group”.
Second, the judges have not ruled on the merits of the genocide allegations that South Africa accused Israel, implying that “this may take years to decide” South African Foreign Minister Naledi Pandor, who was at the court when the judges delivered their ruling, said she had been “hoping” for the provisional measures to include the order of a ceasefire. Pandor also argued that she did not see how Israel could implement the measures directed by the ICJ without a ceasefire.
Third, ICJ judges ruled that Israel must report back to the court within one month on its attempts to prevent genocidal acts as it was ordered by the court. Judge Joan Donoghue, the president of the ICJ stated that this ruling “creates international obligations for Israel”.
Lastly, the court also ruled that Israel must immediately implement “immediate and effective” measures to guarantee the delivery of urgently required humanitarian aid and basic services to the people in Gaza.
Hamas, which has governed Gaza for the past 16 years, hailed the court’s “important” ruling, saying it “contributes to isolating Israel”. “The International Court of Justice’s decision is an important development which contributes to isolating Israel and exposing its crimes in Gaza,” it said in a statement.
Sources:
Image: @eye.on.palestine on Instagram,
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