MIDDLE EAST CRISIS
Judge Dikgang Moseneke to help preside over South Africa’s contentious genocide case against Israel at ICJ
The former deputy chief justice will be an ad-hoc judge only on this case.
Former deputy judge president Dikgang Moseneke has been appointed as an ad-hoc judge to join the 15 regular judges of the International Court of Justice (ICJ) later this month when it hears South Africa’s application for Israel’s military assault on Gaza to be declared as genocide.
Moseneke will be on the bench when the court decides on whether or not to order Israel to cease its attacks on Gaza as a provisional measure, pending the later determination on whether its actions contravene the Genocide Convention.
Clayson Monyela, spokesperson for the Department of International Relations and Cooperation (Dirco) confirmed to Daily Maverick that Moseneke had agreed to hear the case.
“Under Article 31, paragraphs 2 and 3, of the Statute of the International Court of Justice, a State party (#SouthAfrica🇿🇦) to a case before the #ICJ which does not have a judge of its nationality on the Bench may choose a person to sit as judge ad hoc in that specific case,” he said.
“Accordingly, SA has approached Justice Dikgang Moseneke, who has agreed to join the other ICJ judges on the bench and hear our case against Israel.”
Monyela also noted that Dire Tladi, the former Dirco law adviser and University of Pretoria law professor, would start his tenure as an ICJ judge in February.
Read more in Daily Maverick: Middle East crisis news hub
Under ICJ rules, a country may not have more than one judge on the bench at a time. Legal sources said this probably means that Moseneke will only hear the first part of the Israel case, the decision on the provisional measure which should be settled by the end of January or soon after.
They said Moseneke would then probably stand down as Tladi would take his place on the bench alongside the 14 other regular judges to hear the substantive part of the Israel case. It is not clear if this means Tladi was elected to the ICJ by the UN General Assembly last year,
Israel has vehemently denied that it is committing genocide in Gaza and has accused South Africa of aiding and abetting Hamas by bringing the case to the ICJ. DM
Become an Insider
This sounds like the ruling will be ‘favourably’ passed in the direction of the initial case lodged. Not sure how it can be logical or legal for a South African to preside over a case that its own government has brought before the court.
Think Israel can also nominate a judge , not sure who steps down.
I too would have thought this to be the case. Israel has nominated leading UK barrister Professor Malcolm Shaw KC but, as I understand it, to lead their case, rather than as a judge. He is an expert on both territorial law and (even more so) the laws of genocide.
And he represented Serbia on the same charge of genocide, and lost.
“Judge Dikgang Moseneke to help preside over South Africa’s contentious genocide case against Israel at ICJ”.
Contentious?
Fabricius the Stenographer doesn’t write the headline, surely?
So is this yet another case where DM leans on the scale, in the interest of “justice”, as in the Netanyahu villain vote?
Reported this to the Enforcement Division of the FSCA for investigation
do people still fall for these scams ?
Daily Maverick Moderators: How on earth did this post make it into the DM?
Exactly
Yes scam
Complete hypocrisy when they won’t take Hamas to court over the same thing let alone Russia as South African I am appalled at this Corrupt ANC goverment
ICJ mandate is only countries . ICC has jurisdiction on Hamas . Israel not a signatory of ICC. Countries have already submitted papers on Hamas to ICC , but papers also submitted to ICC on current Israeli actions ( Which already has a few prior cases on Israel – that is collecting dust )
I thought is there is something going on in Gaza but to label it a genocide is a far stretch ! The comments and posts of Israeli leaders and what their military are doing in Gaza may suggest genocide but Israel is an enlighten advanced society that wouldn’t have genocidal agenda in their policy. Nevertheless we stand with Israel
So far no country is officially standing by Israel and only countries have standing in this court.
Don’t expect those (sometimes called the ‘west’) supporting Zionist fascism … to display their true colours of hypocrisy … openly ! It is somewhat embarrasing … to be be polite .
USA, UK and France are standing by israel, other countries are also standing by Israel as they dont like what Hamas stands for.
I meant no country has officially submitted papers to ICJ supporting Israeli position.
Germany was also a enlightened advanced country
When are you talking about, now or post 1918
1933 to 1945, obviously.
1870 to 1933
There is damning evidence from Israel leaders,
The 89 or more statements deal with their genocidal and ethnic cleansing statements from the defence minister to the prime minister of you deny genocide you are contradicting their statements stating their intention way before the first bomb as we speak they are talking with congo and other countries to take all those they could not kill because things are heating up, Israel as the occupier has no right or need to defend it’s self against the people they occupy, I cannot come take over your house then claim I have to defend my self against you, let’s be biased based on clear facts, you cannot call the same people you are supposed to defend since you decided to control their whole being human animals, you can not kill people and announce that when you are done settlers will take over, the ICJ will issue a finding based on statements from the accused on all media platforms
Again, following some (informed?) reading, Israel (Malcolm Shaw KC) will argue that the statements of far-right (genocidal?) politicians in Netanyahu’s war cabinet do not represent Israel’s (the country’s) official stand point. An analogy: in an ANC-EFF coalition cabinet, could Julius Malema’s “Kill the Boer etc.” be argued to be South Africa’s official stand point?
The problem he has to explain the statements of Israel President , Prime Minister and Defense Minister . The only smart one in the chain of command was IDF chief of staff , but officers and soldiers under his command are sited.
Spot on, I find it strange how people are losing the plot because some israeli politicians called palestians animals. saying that isnt genocidal behaviour.
What do you mean by this: “Nevertheless we stand with Israel”? Does that mean “even if they are committing genocide we stand with Israel”? If you are so confident that this is not genocide, then you should support a transparent process overseen bysome of the best legal minds to ascertain whether Israel is in fact committing genocide as you are certain Israel will be vindicated.
What is interesting so far is only 2 countries have officially joined case with SA. ( Turkey, Malaysia). No Arab nation that claims Genocide and asked ICC to investigate has joined . ( OIC made a statement but they do not have standing , seems Arab countries hiding behind this ) No country has officially joined on Israel’s behalf ( Only US government has made a statement denying charge). Silence so far especially from Canada/UK/France/Germany/Australia/Netherlands/Ireland/Belgium/Norway/Sweden/Denmark either for or against. Quite a few of the above countries have prior taken other countries to ICJ on Human Rights abuses and a few have taken Russia to court on similar charge against Ukraine.
Have sent my 100, 000, 000 Eskom shares as a deposit as this is obviously legitimate.
Pease send confirmation of receipt of donation & dividends to to [email protected]
Thanks,
Ace (in the sleeve)
Seems pretty pointless if for a couple of weeks max!
Yes right … the daily dropping of bombs on defenceless people and killing hundreds of women and children in the process (on the excuse/pretext ‘terrorists’ are hiding amongst them) … should continue for the “next couple of weeks max” … makes perfect Netanyahu sense !
……..
I wouldnt call them defenceless, Oct 7 Hamas launched over 5000 rockets into Israel.
Whether ‘we’ like it or not … Hamas is the de facto organisation in charge of Gaza, and America/UK and its puppet Israel want to effect a ‘regime change’ … in the same way they labeled the ANC a terrorist organisation … until it ascended to power ! As for the rockets being fired … they are from its military wing .. in the same way we had Umkonto here. That does not make everyone a ‘terrorist’ … just because the US (and its pathetic lackeys) said so . If the mindless dropping of bombs on Gaza is not terrorism also … what is ? Did they learn nothing from Vietnam days when they also dropped chemicals .. Agent Orange ? Not quite the same one that albino Trump applies to his face though !
If the ANC had commited a Oct 7 massacre, there would never have been peace in South Africa. MK didnt actually do much in South Africa. They could not win a war by military means.
Hahahaha – funny guy
That is what I am thinking after a lot of talk, nothing happens. South Africa claims the west doesnt support them and claims a victory but nothing happens as the charges are too vague.
That is what I am thinking after a lot of talk, nothing happens. South Africa claims the west doesnt support them and claims a victory but nothing happens as the charges are too vague.
As much as Israel’s war is an excessive revenge scenario designed to shore up Netanyahu so is the SA response designed to distract the electorate from ANC failures.
Spot on!!! Just blowing smoke to cover their own inability to provide for their citizens. South Africa does not have a blemish free record when it comes to things like xenophobia. So – let the people know how great the ANC is by taking another sovereign country to court.
And why oh why does the phrase “innocent women and children” get tagged in every sentence about this conflict ? They are casualties, pawns of the great and wonderful Hamas (this is sarcasm by the way)
If Hamas had been able to press on its invasion of Israel then you would have seen genocide, as Hamas’s stated raison d’etre is the destruction of Israel & the killing of all Jews. Seeing our ridiculous politicians walking around draped in Palestinian flags when they should be concerning themselves with S.A. children dying in drop toilets in schools is enraging. Who is paying for all this expensive litigation – the S.A. taxpayer, not Luthuli House!
Get the apartheid beam out of your eyes … I suggest .
Bizzare comment. Nowhere in his post does Malcolm Kent refer, even tangentially, to Apartheid.
“Get the apartheid beam out of your eyes … I suggest .”
Get the ad hominem attacks out of your mind….I suggest. Argue against the comment if you can!
Do you denounce the Hamas terrorists in the same way that you insult your fellow commentators with personal attacks?
Wow, that chip on your shoulder is the size of a redwood
Look at the bigger picture Malcom, we had politicians all over the world dropped in sharpville massacre and Mandela t-shirts for this rainbow nation that some onthe ANC messed with corruption, the government took the correct action, Hamas is treated as a freedom fighting group in many countries including South Africa although the might have done terrible things against civilians some of those are settlers who had chased and killed Palestinians in their homes, sorry about their children who know nothing except what they are taught, Israel has all the surveillance tools monitoring Gaza they knew about October 7, they needed the trigger as they now have an all right majority and a normal response would have been save the hostages which was no.1 objective stated by Israel no they do no.1 objective discussed behind rightwing doors which is evident for the world to see, same like Ukraine the plan was not Ukraine to win but to weaken Russia, in Taiwan it will be to weaken china, in Israel the threat to America is Iran a Mr Bolton is already calling for a strike on Iran
The problem you have is that Israelis are settlers, they come from that area. They are the indigenious people of that area.
And where do the Palestinians come from? The moon?
They come from that area but this setler comments are not correct. The Jews are the indigenous people.
gk, my ancestors came from Scotland to South Africa more than 200 years ago. I have only a South African passport. Do my family and I have the right to return to Scotland by force and displace Scottish people from their land and claim the right to do this due to us being “indigenous”?
Similarly, do black South Africans have the right to chase all non-indigenous South Africans off the land?
Kenneth, your reasoning makes no sense. There’s no “big picture” that you’re presenting. You’re merely constructing a narrative to suit your conspiracy theories. Go do some reading of the actual facts of this conflict and the events leading up to it (starting as far back as biblical times).
It’s beyond reading look at the children of Gaza maimed everytime you open the tv genocide is just that, Apartheid is just that try a better name I challenge jou
Hahahahaha
Malcolm, by that logic no human rights case would ever be lodged by anyone at any court as there is always an argument that there is a more pressing service delivery need. In every country there are sad cases of preventable deaths – whether it be falling into a toilet or medical treatment denied due to it being too expensive.
If Israel is found guilty of this charge, would you say that it was good/correct that the case was laid? Or are you saying that even if Israel is guilty of genocide, South Africa should rather worry about pit latrines than about preventing genocide?
The latter.
Malcolm, even if this case cost R100 million, that money would only replace a tiny fraction of all pit latrines in SA. So you would rather save perhaps one pot latrine death per DECADE than prevent a genocide?
So what about South African Farmer genocide?
If the argument is that the Jewish Israelis are the original inhabitants of Palestine so may resettle and ethnically cleanse the later Arab Palestinian settlers, then the original Black African inhabitants have the same right to resettle and cleanse the later European settlers.
Are you sure that is an argument that you want to use to justify current Israeli atrocities?
And do you want to be the one to help hold down the poor, abused, malnourished bullied kid who threw a desperate sucker punch at the bully? That punch was thrown by Hamas even knowing that the consequence would be getting beaten to death, but a dedperate last plea that some brave passersby might intervene and call the police?
That is what SA is doing at the ICJ, so kudos to them for them not being tempted by the lure of Western aid and trade, or the threat of it being revoked. You stand up for justice, no matter what it might cost you.
Pity the economy is imploding and at the exact time that South Africa needs investment, South Africa decides to tell the world our new friends are Hamas and Putin. Our tradtional trading partners are running for the exits. This PR excercise is going to cost South Africa a lot of money. Downward spiral is just getting faster.
West there is no proof that farmers are murdered by a unified intention of ending farmers lives who represent 20 percent of the Afrikaner population and the ratio is not above the murder crimes on the rest of society which is not acceptable, Israel government representatives have made clear intentions of wiping the Palestinian population read the submitted comments which compare with the actions, it’s what they say and what they do, we will be doing injustice if we add or deduct on that
Today I’m a proud South African
Today I’m a proud South African,
Our government never fails to make the wrong choices and back the wrong side. We have all the wrong friends and say all the wrong things. Time for better leadership in SA who spend their time focused on SA problems and doing things that are in our country’s best interests. How many more jobs will be lost when the west gets tired of our politicians and stops trading with us . Or worse yet imposes sanctions for supporting terrorism
This is not a case of what is right and what is wrong anymore, or who is killing whom. It is a religious war, has been from the start. Not too different from the crusades more that 1500 years ago
I totally agree. And let’s not forget that it is in Israel’s interests to keep the Palestinians divided. The end result is that a Hamas will always exist to represent forcefully displaced
Palestinians. Israels occupation of the West Bank was never sanctioned, how would you feel as a Palestinian displaced from your home and land?
Watch and listen to the official Israeli government response to SA. It is readily available on YouTube. It is devastating. It makes one ashamed to be a South African. I will follow the case with interest and I suspect that we will make complete idiots of ourselves in the eyes of the world. (as usual).
And a genuine Jew should disassociate himself from what is clearly a Zionist agenda to occupy the whole of “Palestine” as an exclusive “Zionist” Jewish state. I remain a proud South African.
I was ashamed of being a south african in the 80’s and early 90’s. Had an outbreak of pride in the warm afterglow of the first democratic elections and I’m now back into shame. The ethno nationalist kleptocommies cosplaying as our government should concentrate on fixing the total abortion they have made of our country before seeking out new opportunities to make us a laughing stock on the international stage.
The Israeli newspaper, Haaretz, said this about official Israeli propaganda about the war: ” The whole point of the IDF Spokesperson’s Unit is to put lipstick on nonsense.” While this referred to the IDF’s battlefield victories, it applies even more to their insistence that they are trying to spare civilians.
Double standards I would say…what about Russia and Ukraine
He should rather avail his energy clearing up the backlog of cases on our court rolls – the legal system has all but imploded on the citizens. As for SA prosecuting Isreal – good luck with that. The pathetic NPA failed against a state wrecking criminal like Zuma – Israel will eat them for breakfast.
He’s going to come up against top British barrister Prof. Malcolm Shaw, who is the lead in Israel’s defence. Anyone care to place a bet on who will win? A corrupt and disrespected fool from South Africa, or a civilised and intelligent man of integrity?
SA lead counsel is John Dugard SC , look him up. No matter whether SA win or lose . South African legal fraternity wins. The team chosen has some of best talent SA has produced , and includes one Irish KC and a Oxford Professor .
I truly hope that the lawyers are representative of the diversity of South Africa
Lol, the Irish person doesnt sound local to me. Lets hope BEE is followed.
South Africa is a international sitcom🤣
This is quite clearly a pre-election diversionary stunt on the part of the ANC. The idea that they might act out of principle is laughable.
This is the truth, no doubt
Israel Foreign Ministry to all their embassies from a leaked cable on Thursday . ” A ruling by the court could have significant implications that are not only in the legal world but have practical bilateral , multilateral , economic , security ramifications . ” “We ask for an immediate and unequivocal public statement along the following lines : To publicly and clearly state YOUR COUNTRY rejects the outrageous , absurd and baseless allegations made against Israel .” So far only the US has done so.
Pre-election ploy by ANC to win the many pro-Palestinian supporters in the Western Cape who normally vote DA. No other reason!
Do people remember Roelf Meyer . Just listened to a interview of his trip Gaza last year , one of many since 2000. From his comments conditions in Gaza was a pressure cooker just waiting to blow. SA government should get his expertise in the current crises.
He talked ramaphosa up like he was a walter walker fairly recently. Not sure that he’s all that you think he is.
Roelf Meyer? Expertise? Wow.
Hamas is happy to have found in the ANC a useful idiot. But they have found a useless idiot.
Jehan Hamas does not need south Africa the Palestinians do, not even the smartest lawyer can successfully defend Israel,they presented a map at the UN without Palestine, they follow up with genocidal statements and act accordingly,they killed 3 unarmed stripped Israel civilians waving their top clothes asking for help, they then implicate themselves by stating that it was a mistake their military doctrine does not allow the killing of their own civilians but the doctrine is silent on unarmed Palestinian civilians who makes 90% of the area Israel invaded as it’s objective target, Israel committed it’s self to international law against war crimes their the military doctrine might have been illegal to use in the Gaza invasion and it implicates all those using a doctrine silent on war crimes against the invaded population in an area declared as a war zone by Israel,
Hahahaha
meant knowledge of the region
I think that both sides would ideally like to see each other eradicated. The difference is that Israel have the means to do so and better defense capabilities. But with great power comes great responsibility. In reality, Israel should focus on their defense capabilities they’re always bragging about. With their rationale, I dont see any reason why they would not destroy every last gazan. Its pretty obvious.
Israel has the capability to eradicate the populations of both the west bank and gaza if they chose to but they quite clearly have chosen not to. The hamas government of gaza, islamic jihad and hezbollah with the active and open support of iran all wish to eradicate the jews of israel and have tried hard to do so. If they weren’t quite so useless they would certainly have done so.
Have people read the Hamas Charter? This is an old trope – kill all the Jews. That is not in Hamas’s charter. They want to take apart the Zionist Apartheid Occupier state and make one state free for all it’s people of all faiths. The South African solution.
We do not agree that they commit war crimes to achieve this goal, but Israel has committed far more war crimes.
Jews have lived in peace and safety in Palestine for over 1000 years under the rule of various Muslim governments (there were a few corrupt rulers who sometimes interrupted the peace). No reason it cannot happen again.
Hey, there are Churches and Christians in Gaza, and they also want to be free. Look at the solidarity of the Christian Patriarch of one of the Churches in Gaza who said that he personally would call the Call to Prayer if there were no Mosques and Callers left in the Gaza.
Israel would have killed all the Palestinians by now if the international condemnation would not make them a sanctioned pariah state. Recent polls of Israelis have shown that the majority want the genocide to go ahead. They need the free bombs from US, so kill them in steps, and stops and starts. It is not for lack of desire or intent. Unfortunately.
The people of Gaza – about 80% lived on the other side of the fence, where imported Jews now live, and they are the Palestinian refugees that represent the most threat to Israel, because they want to return to their homes – on the other side of the fence.
Do Israeli officials not understand the severity of the case , You got Ben Gvir and Smortich making statements that damage the case , Israeli UK Ambassador’s Tzipi Hotovely comments in a interview advocating for the total destruction of Gaza all These after the case was lodged . With clients like this how is a lawyer supposed to win.
And Dexter whilst pro Israel supporters are playing down the significance of this step by south Africa the OIC a group of 57 Muslim countries who are permanent members of the united nations have endorsed south Africa’s action
OIC is a way for Muslim countries to hide behind . OIC has no standing so support is meaningless in this case. If Muslim countries really supported the case they would lodge papers with court only Turkey and Malaysia have done .
The support has no bearing on the facts of the case Dex and the evidence brought forward Israel has done all the hard work for south Africa, the support is an indication that 57 eyes who signed to abide by laws preventing crimes against humanity and hold seats in the United nations and European union are saying we see it the same way it’s a big deal, only America has supported Israel and they had to it’s their bombs committing the crime and their billions