Israel Acting With 'Genocidal Intent' Against Gaza : South Africa Tells International Court Of Justice

The Republic of South Africa opened its arguments on Thursday (January 11) before the International Court of Justice seeking provisional measures under the Convention on the Prevention and Punishment of the Crime of Genocide for the suspension of Israel's military operations in Gaza and that Israel take “all reasonable actions within their power to prevent genocide.” Senior Advocate Tembeka Ngcukaitobi, for South Africa, contended that there was a "genocidal intent" on the part of Israel. He averred that the intent to destroy Gaza has been nurtured at the highest levels of the State. He highlighted that Israel's political leaders, military commanders, and persons holding official positions have systematically and in explicit terms declared their genocidal intent. These statements are then repeated by the soldiers on the ground in Gaza., he said. Elucidating, he said that Israel's special genocidal intent is rooted in the belief that the enemy is not just the military wing of Hamas or Hamas generally but the Palestinian people. He pointed out the televised address of Israel's PM Benjamin Netanyahu of 7th October 2023, where he declared war on Gaza. Netanyahu said “Israel has started clearing out the communities that have been infiltrated by terrorists”. Israel's PM warned of an unprecedented price to be paid by the enemy. Moving ahead with his arguments, he cited another incident where the deputy speaker of the Knesset (Israel's Parliament) called for the erasure of the Gaza Strip from the face of the earth. Further, he referred to the statement made on 9th November by Defence Minister Yoav Gallant that Israel was imposing a complete seige on Gaza. There would be no electricity, no fuel, no water, no fuel. Everything would be closed because Israel is fighting Human animals., Gallant said. Ngcukaitobi apprised the Court that while speaking to troops on the Gaza border, Gallant said “We will eliminate everything; we will reach all places.”Relying on these statements, the South African counsel argued that Israel's actions were based on a clear "genocidal intent". Jurisdiction of South Africa One may contemplate the jurisdiction of South Africa in this case. Thus, before moving further, it may be noted that Professor John Dugard (representing South Africa) addressed the question of Jurisdiction. He said that the State parties to this genocide convention are obliged not only to desist from genocidal acts but also to prevent them. He referred to the relevant Articles, underscoring that the convention envisages a situation in which a state acting on behalf of the international community as a whole ceases the court's jurisdiction as a matter of urgency to prevent genocide. “It (South Africa) watched with horror as Israel responded to the terrible atrocities committed against its people on October 7 with an attack on Gaza that resulted in the indiscriminate killing of innocent Palestinian civilians, most of whom were women and children.,” professor added. Key Takeaways From Hearing As the hearing commenced, South Africa submitted that it had recognized the ongoing Nakba (mass eviction) of the Palestinian people through Israel's colonization since 1948. “Decades-long impunity for widespread and systematic human rights violations have emboldened Israel in its recurrence and intensification of international crimes in Palestine. At the outset, South Africa acknowledges the genocidal acts and omissions by the State of Israel inevitably form part of…illegal acts perpetrated against the Palestinian people since 1948.,” stated South Africa's ambassador to the Hague Mr Vusi Madonsela. Moving forward, South Africa's Justice Minister Ronald Lamola in no uncertain terms asserted that South Africa unequivocally condemned the act by Hamas and other Palestinian armed groups for taking civilians as hostages on 7th of October, 2023. However, he said that no armed attack can provide any justification for or defence against breaches of the convention. After the minister, Senior Counsel Adela Hassam argued on genocidal conduct on Israel. She argued that Israel's actions show a systematic pattern of conduct from which genocide can be inferred. Placing her reliance on the Gambia v. Myanmar case(in which directions were passed to Myanmar to prevent the genocide of Rohingyas), she argued that the ICJ has made it clear that it is not necessary for a court to come to a final view while deciding whether Israel's conduct constitutes Genocide. It is necessary to establish, at a prima facie level, only whether at least some of the acts alleged are capable of falling within the convention's provisions. In January 2020, the ICJ granted Gambia's request for provisional measures to protect the Rohingya people remaining in Myanmar from Genocide. Drawing the Court's attention to killings and destruction of Palestinian life, she said that it is inflicted...

Israel Acting With 'Genocidal Intent' Against Gaza : South Africa Tells International Court Of Justice

Gyanvi Khanna

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