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MIDDLE EAST CRISIS

What Israel is likely to say in its defence at the International Court of Justice

What Israel is likely to say in its defence at the International Court of Justice
Illustrative image | (Photos: Rawpixel | Ahmad Hasaballah / Getty Images | David Silverman / Getty Images)

It seems clear Israel will argue it has no genocidal intent in Gaza by submitting evidence to the 17 judges of its claim that it has done all it can to avoid civilian Palestinian casualties in the war it launched against Hamas in Gaza in response to the Hamas attack of 7 October on Israel.

Unlike South Africa, Israel has apparently not yet formally revealed the argument it will use against SA’s charge of genocide against it at the International Court of Justice (ICJ, aka World Court) this week. Nor has it revealed who will argue its case, as South Africa has. 

Israel is perhaps holding its cards close to its chest.

But it seems clear it will argue it has no genocidal intent in Gaza by submitting evidence to the 17 judges of its claim that it has done all it can to avoid civilian Palestinian casualties in the war it launched against Hamas in Gaza in response to the Hamas attack of 17 October on Israel.

The application by South Africa asks the ICJ to declare that Israel has violated the 1948 Genocide Convention by deliberately trying to destroy part of the Palestinian people. It includes a request to the court to “indicate provisional measures to protect the rights invoked herein from imminent and irreparable loss”. In other words, to order Israel to halt its attack on Gaza, pending the court’s final decision on whether it is perpetrating genocide.

South Africa’s 84-page application is a detailed catalogue of what it says are atrocities committed by the Israel Defense Forces (IDF) against the innocent civilians of Gaza of which more than 22,000 have been killed and many more injured, according to Gaza’s Ministry of Health. The application quotes a wide range of sources, many of them UN officials and also several Israeli officials.  

Israel’s Ministry of Foreign Affairs gave the outline of its likely defence in its response on 29 December to SA’s submission to the ICJ. It said, “South Africa’s claim lacks both a factual and a legal basis.” 

Some Israeli government statements suggest it will also try to discredit South Africa as lacking the moral standing to bring a humanitarian case at an international court.

It added that Hamas “is responsible for the suffering of the Palestinians in the Gaza Strip by using them as human shields and stealing humanitarian aid from them.

“Israel is committed to international law and acts in accordance with it, and directs its military efforts only against the Hamas terrorist organisation and the other terrorist organisations cooperating with Hamas.

“Israel has made it clear that the residents of the Gaza Strip are not the enemy, and is making every effort to limit harm to the non-involved and to allow humanitarian aid to enter the Gaza Strip.”

Elsewhere Israel has spelt out its efforts to warn Gaza residents to evacuate their buildings before bombings, including through numerous phone calls and text messages. Its lawyers before the ICJ will probably repeat these claims as well as Israel’s claims that it is allowing humanitarian pauses in the fighting and humanitarian corridors for civilians to escape combat areas.   

Read more in Daily Maverick: Israel-Palestine War

The Israeli government website said that by Tuesday, 137,920 tonnes of humanitarian aid had entered the Gaza Strip on 7,653 trucks since the war started. Responding to accusations, including in South Africa’s application, that Israel is targeting hospitals and other health facilities, the lawyers are expected to cite recent government references to new field hospitals set up by the International Medical Corps (IMC) Jordan, the United Arab Emirates and the Red Crescent as well as two floating hospitals provided by France and Italy.

Hamas atrocities

Israel’s lawyers can also be expected to provide the ICJ judges with graphic descriptions of the atrocities committed by Hamas against Israeli civilians when it invaded southern Israel on 7 October, killing about 1,200 people, mostly civilians, and taking 240 hostages.

Some Israeli government statements suggest it will also try to discredit South Africa as lacking the moral standing to bring a humanitarian case at an international court, citing its refusal to hand over the then Sudanese president, Omar al-Bashir, to the International Criminal Court in 2015, despite arrest warrants against him for genocide, war crimes and crimes against humanity.

This week it emerged that Israel had made what was widely considered a shrewd move by appointing Aharon Barak, a retired Israeli Supreme Court president, and Holocaust survivor as its ad hoc judge to sit on the ICJ Bench which hears the genocide case.

Barak was outspoken in criticising Prime Minister Benjamin Netanyahu for his efforts to curb the powers of the Supreme Court. This would boost Israel’s credibility before the ICJ, it has been suggested.

The ICJ could hold the US complicit in Israel’s alleged genocide because of its failure to curb its strong ally.

ICJ rules allow a country which is involved in a case before the court to appoint an ad hoc judge to join the court’s 15 elected judges to hear the case if it does not already have a judge on the Bench.

The South African government announced last week that it had appointed former Deputy Judge President Dikgang Moseneke as its ad hoc judge to hear the case.

Read more in Daily Maverick: South Africa’s Gaza genocide case against Israel — how it will be argued, and the prospects for success

Zane Dangor, the director-general of the Department of International Relations and Cooperation, acknowledged in an interview with the Sunday Times that Pretoria’s ICJ initiative against Israel could damage South Africa’s relations with Western allies.

And US State Department spokesperson John Kirby said last week: “We find this submission meritless, counterproductive and completely without any basis in fact whatsoever.”

Dangor said Pretoria would engage with these governments to explain Pretoria’s position.

According to Francis Boyle, a professor of international law at the University of Illinois College of Law, the ICJ could hold the US complicit in Israel’s alleged genocide because of its failure to curb its strong ally.

Boyle represented Bosnia and Herzegovina before the ICJ and in 1993 won two orders for provisional protection of it against genocidal acts by Yugoslavia.

He told Democracy Now that he believed South Africa would likewise win an order against Israel “to cease and desist from committing all acts of genocide against the Palestinians”.

And then, “the Biden administration will stand condemned under Article III, paragraph (e) of the Genocide Convention, that criminalises complicity in genocide”. DM

Gallery

Comments - Please in order to comment.

  • Richard Bryant says:

    Pity South Africa are not so enthusiastic in making the same case against China in their actions to erase the Uyghurs from the planet or putins stated aim to delete Ukraine by denizifying them.

    • Max Ozinsky says:

      What about what about…

      • Colin Braude says:

        One is required to approach courts with “clean hands”

        The ANC:
        Necklaced its way into power
        Only quit attacking civilians when Hani’s murder made them realise that the nomenklatura are vulnerable, too.
        Has supported clearer genocides by Russia and China
        Presides over more civilian deaths (including vicious farm murders and GBV) than in Gaza
        Cannot fund the NPA or extradite the Guptas but has money to pay top dollar lawyers to front for Iran and Hamas
        Just admitted to lying in Parliament over that firepool
        Perjured itself to save al Bashir, another genocidist AND child rapist.

        What about this?

        • Kenneth FAKUDE says:

          The court will not look at the history of south Africa as to in the day to day running of the country which is very bad but that’s an internal issue, the will look at the allegations, evidence, supporting statement pertaining to the genocide complain, Israel will have to counter the allegations against what has been presented to the court, I doubt the Hamas excuse will hold water because how do you explain being attacked by Hamas and then decide to defend yourself against Palestinians, defense means danger coming to you then to save your life you strike the danger, but going to an enclosed crowded area where you control access and striking blindly looking for the danger is called attack, 9 statements clearly stating genocide of Palestinians and how it should be carried out and how it will look like when complete is overwhelmingly implicating Israel, Hamas and Israel are both guilty of Genocide with Israel carrying a higher proportion the Jews and Palestinians are objects of the Genocide, depending who is facing the court this week the verdict is guilty as charged

          • Con Tester says:

            The ICJ will most certainly examine the legal question of the plaintiff having “clean hands.” SA does not have those, not least for failing to arrest al-Bashir and doing its utmost to ensure safe passage in SA for Putin, both of whom have ICC arrest warrants hanging over them. To dirty its hands even further, in both those cases our benighted government petulantly threatened leaving the ICC and withdrawal from the Rome Statute. Moreover, SA’s alignment with some of the most repressive regimes in the world will sully its hands yet more. The ICJ will look at those facts and see hypocrisy writ large.

            Don’t confuse hope with fact.

      • Stefan Laing says:

        Still valid points…

      • Steve Marks says:

        What about hauling in your Hamas acolytes to face the same charges as Israel is facing? The UN recognises Hamas.

      • Steve Marks says:

        Despite your kapo leanings Max, We both know that Israel will survive this and continue to prosper and I trust you will find you very own bit solace in Gaza some day

  • peter selwaski says:

    Hamas officials said that they intend to make repeated attacks as on October 7. The only rational response from Israel is to destroy Hamas.

    • Leon Schipper says:

      And Israel has promised to continue illegal settlements to displace Palestinians and at best treat them like second-rate and disenfranchised citizens. Do you expect Palestinians to just say, “OK, go ahead.”?
      Resistance and insurrection is the inevitable and rational result of injustice and oppression. Yes, the actions of Hamas have escalated to despicable levels, but two wrongs don’t make a right. Genocide is never an acceptable response.

    • Camille Augustus says:

      It is never rational to kill thousands of women and children at this extreme level, to purportedly get to someone else, burning and amputating tens of thousands more, with operations having to be done without anaesthetic on starving survivors. Thousands of future generations of surviving, disabled children now left orphans, as civilian parents have been killed. Their is no humanity in on mass killing people with the slogan “but what if…but they…”

    • Penny Philip says:

      Do you seriously…..I mean really seriously…. think Hamas can be destroyed? Even if their leaders are killed, another group will rise up & take their place. With civilian deaths in Gaza at approx 22,000, Israel is just breeding future generations of angry/bitter Palestinians. Israel never learns the lesson that violence begets violence. This has been going on since before Israeli Independance & still Israels thinks they can kill to achieve ‘peace’. The British thought the same in Ireland…….

    • John P says:

      But it is not rational to destroy the lives of tens of thousands of Palestinians in an attempt to destroy Hamas.

      • Steve Marks says:

        John P, Lets assume had a little military acumen about war and terrorism that Israel faces daily and for the last 75 years, how would you respond to your children being brutalized by Islamic terrorists? How would you tackle an evil and genocidal (by their own admission) group like Hamas knowing how they fight behind women and children and from tunnels? I’d love to get anyone’s advice on how Israel should respond to daily rocket fire?

        • Bennie Morani says:

          How to respond? Negotiate with the Palestinians. Even Hamas – Israel wouldn’t be the first country to negotiate with an enemy. And Hamas’s popularity has risen in proportion to the awful policy of expansion and dispossession followed by Israel.

    • Philip Machanick says:

      Read “ The Ethnic Cleansing of Palestine” by Ilan Pappe. There is at least one freely-available article summarising the main points of the book.

      This is not a new conflict. It goes back to 1947 when Zionist settlers planned ethnic cleansing of the indigenous population, which they carried out with ruthless efficiency. Here is an extract from an article summarising the book:

      The orders came with a detailed description of the methods to be used to forcibly evict the people: large-scale intimidation; laying siege to and bombarding villages and population centers; setting fire to homes, properties, and goods; expelling residents; demolishing homes; and, finally, planting mines in the rubble to prevent the expelled inhabitants from returning. Each unit was issued its own list of villages and neighborhoods to target in keeping with the master plan. Code-named Plan D (Dalet in Hebrew), this was the fourth and final version of vaguer plans outlining the fate that was in store for the native population of Palestine…

      … Once the plan was finalized, it took six months to complete the mission. When it was over, more than half of Palestine’s native population, over 750,000 people, had been uprooted, 531 villages had been destroyed, and 11 urban neighborhoods had been emptied of their inhabitants. The plan decided upon on 10 March 1948, and above all its systematic implementation in the following months, was a clear case of what is now known as an ethnic cleansing operation.

      • dexter m says:

        Most Jews , do not want to know that prefer the fiction of Leon Uris. Also the IDF rules for that period anyone returning ( man , women , child unarmed ) to the place where their villages or towns stood ,were to be killed by kibbutz self defense units , not detained .

      • dexter m says:

        What is really tragic about this ,these were survivors of the holocaust camps or Jewish partisans from Europe during WW2. How could they do what was done to them by the Nazi to another group of people. Did they lose their humanity from their experiences .

  • Steve Davidson says:

    “.. retired Israeli Supreme Court president, and Holocaust survivor”

    They always have to bring the Jewish Holocaust into it, don’t they? And with a Zionist US president we know where their bias lies, don’t we, so they should rather STFU about other countries bias!

    • Catherine Phillips says:

      Luckily we never have to guess where your biases are. You never miss an opportunity to say something hateful about Jewish people. If vitriol was liquid you would have drowned a long time ago.

    • Geoff Coles says:

      Goodness me Steve, we know where you stand!

    • dexter m says:

      Israeli Education Minister Shulamit Aloni in the 90’s in a talk stated about the trick Israeli’s have been using from founding ” When someone in Europe criticises Israel we bring up the Holocaust .when someone in the US criticises Israel we bring up anti semitism , and it works all the time ” .

    • Steve Marks says:

      Did a Jewish girl break your heart Steven? What happened to you? How have the Jews hurt you?

  • Johan Buys says:

    We’re acting a bit like a silly warthog.

    Imagine a pride of lion stalking a herd of buffalo. Warthog decides this is the time for it to run around kicking up dust and squealing.

    We should get back in our lane. It’s not as if we do not have enormous risks and problems right here. Glass houses and stones comes to mind.

    That said, the Israeli government will have a hard time saying they are trying to avoid innocents. We know the IDF has more skill than what is on display. The NYT article of this week describes IDF soldiers leaving graffiti in destroyed buildings : not the kind of graffiti that apologises btw. This war suits a beleaguered coalition government.

  • Amanda Simpson says:

    Go South Africa 🇿🇦 Well done for standing up against the US and Israel… formidable foes indeed! But at least we’re trying SOMETHING to stop the endless bloodshed.

    • Fayzal Mahamed says:

      Thank you for your compassion, Amanda. I also have an immense pride as South Africa attempts to stop the carnage and genocide by Israel. Win or lose, my pride will not disappear. Thank you, South Africa.

    • Kevin Schaafsma says:

      Why did South Africa abstain in the UN General Assembly vote that called for a declaration that Russia’s invasion of Ukraine was illegal and that Russia must cease it’s military action in Ukraine and withdraw? Look at the other countries that either supported Russia or who abstained. Those are the countries South Africa is morally aligned with. Go and look at that list.

      • Khongelani Ngobeni says:

        From my understanding, the situation in Ukraine differs a lot from what has happened around Gaza. Firstly the civilian death toll- In just 3 months, Israel has managed to catch up to Russia’s 2 year war in terms of civilians killed. Also, Russia probably has committed war crimes but it’s not to the same extent that the Israelis have eroded the rights of Gazans. And they also continue to occupy the West Bank.

        Yes, I do think that South Africa has been biased and hasn’t had a truly consistent stance in such situations, but basically every big nation has done the same. Also a key thing to note, is that in both situations, South Africa has advocated for peace through negotiations. I don’t think anyone has an issue with Israel retaliating after October 7th, but the toll on civilians is what people have an issue with.

    • Gerrie Pretorius says:

      Now the anc just needs to stop the bloodshed in SA. Or maybe the ‘local genocide’ does not matter?

    • John Lewis says:

      The ANC cheers on war crimes in Sudan and Ukraine. Don’t be naive enough to imagine that this is anything more than electoral stunt by a useless and morally corrupt political party.

  • Zane Erasmus Erasmus says:

    It would be a good idea to also ban countries from selling arms to Hamas!

  • Iam Fedup says:

    One thing is certain: the immoral pimps who have prostituted our country to the highest bidder while enriching themselves, don’t speak on my behalf, nor the millions of South Africans who are embarrassed by this whole saga. There’s nothing wrong with the message that peace and humanity must prevail. The problem is the cynical and hypocritical messenger.

  • Sydney Kaye says:

    “Some Israeli government statements suggest it will also try to discredit South Africa as lacking the moral standing to bring a humanitarian case at an international court”. Yes. There is the old saying “people in glass houses shouldn’t throw stones” , and also the legal doctrine whereby the accuse must go to court with “clean hands”.

    • JP K says:

      Does the clean hands doctrine not apply to subject of the complaint – that is the matter at hand? And South Africa has nothing to do with the conflict, the Al Bashir issue being a separate (shameful) matter. Let’s also remember why the application is being brought. There is a convention to which South Africa is a signatory, the Convention on the Prevention and Punishment of the Crime of Genocide. The convention requires it to prevent and stop genocide. And there is a plausible case against Israel for genocide, genocide intent and incitement to commit genocide – all prohibited by the convention (if, I suppose, one has to look to conventions to find morality). But I suppose Israel and its apologists need to muster whatever defence they can.

      • dexter m says:

        If Israel loses will their courts stand up for the law , like the SA courts that issued the arrest warrant for Bashir in spite of the ANC govt. position. Bashir had to sneak away through the backdoor after that ruling.

      • Khongelani Ngobeni says:

        You dated a critical point. Under the genocide convention, South Africa and other nations are obligated to stop genocides from happening. Remember that every country is not innocent, and if South Africa is not allowed to talk about such an issue because of their past wrongdoings, then who is?

        The funny thing about Israel speaking of Omar Al-Bashir is that they do not recognize the ICC, and therefore would not take their leaders there to be trialed for their alleged actions in Gaza. So I don’t know what they’re talking about.

        • Ben Harper says:

          They’re talking about SA accusing them of Genocide and wanting them prosecuted and stopped meanwhile the SA Government openly ignored a court order from the ICC and SA courts to arrest a genocidal maniac in our own country, not only that, they supported him and safely helped him leave the country

  • Agf Agf says:

    Good luck to Israel. I hope their representatives give ours a snot klap. Talk about being on the wrong side of history.

    • ZA Patriot says:

      25 000+ killed by Apartheid Israel and we are on the wrong side? You seem to lack empathy if you can’t see Israel is the bad guy here.

      • Ben Harper says:

        Last I checked SA is not part of Palestine so who is the “we” you refer to? Are you perhaps one of the Hamas leaders living it up in Johannesburg?

  • Dermot Quinn says:

    20k deaths is a massive no. Imagine lying them end to end how far that would reach.
    Imagine the little ones too, so many children dead. The sadness of war and its long term effects are generationally devastating. Most wars result from the memory of the last one.
    It must be borne in mind though that indiscriminate bombing in such a crowded space would result in multiples of 20k. Without any warnings the number would be multiples too.
    Israel’s existence is threatened by Hamas as is the population of Gaza. Most Gazan citizens resent Hamas but cannot democratically object. They would prefer peace. Hamas has agendas not in the interests of their people.
    The ANC is blinded by their Apartheid history and their oppressor and oppressed view of humanity, grey areas don’t exist.
    SA is also a willing pawn to stronger, bigger nations.
    I feel SA/ANC are trying to discredit the ICJ/ICC when they say “Not Guilty” of Genocide which has a very specific definition. Imagine Israel intended to do to Gaza what Hamas plans to do to Israel.
    Any verdict other than not guilty would be hard to swallow.
    Once Israel is “convicted” it may as well show the world what Genocide actually looks like…that would be catastrophic.

  • Penny Philip says:

    The US are complicit . They have the power to force Israel into serious peace negotiations with the Palestinians. Instead they keep supplying Israel with arms & turn a blind eye to the continued development of Israeli settlements on the West Bank.

  • Kevin Schaafsma says:

    I’m not sure that this won’t in the end just be a political vote by the 17 judges, regardless of the merit of the case. SA needs to get 9 of the 17 votes on the court. I don’t see it happening. The judges from USA, Russia, China, India, Japan, Germany, Australia, Uganda and Israel will vote against South Africa. France and Slovenia could go either way. Jamaica will probably be a yes vote but a no wouldn’t surprise anyone. South Africa simply doesn’t have the votes and it’s naive to think the judges can be swayed with passionate argument.

    And even if South Africa wins and gets an order that Israel must cease all genocidal acts, Israel will simply carry on doing exactly as it’s doing and claim it is not doing anything genocidal and is complying with the order.

    • JP K says:

      I had previously posted that there will be consequences for Israel stemming from this latest round of smashing of the Palestinians. But, I fear there will be no respite nevermind justice. Look at what happened after WW2. Commanders of death camps retired in peace. Look at what happened after the invation of Iraq. Tony Blair gives speaking engagements. And so on and so forth.

      Israel will stop when its objective is achieved. In 2008, 2012, 2014 and 2021, this seemed to be just to keep the Palestinians in check – mowing the lawn in IDF speak. This latest operation seems different in character – genocidal. By the time the law catches up – if it ever does – it’ll be done. For Palestinians that survive Gaza will be unlivable. And we’re all watching, with some defending it. So it goes. People supported apartheid. People supported Nazism.

    • dexter m says:

      The problem for all countries this is going to be the most attended and watched ICJ case in history . All seatings for diplomatic core and press has been over subscribed and is going to be televised and on the web live. May break the World Cup and Olympic viewership. So no matter how any country votes they are going down in the history books . Every countries reputation on the line.

  • Bernard Vorster says:

    How many Israelis dead vs Palestinians?

  • Dermot Herron says:

    This is a personal feeling and not an evidenced statement. But it feels likely!

    Our politicians are so beholden to Russia and China for their undoubted donations to the ANC (via the couch?) that the Russian party-line must be followed. South Africa has not got clean hands to approach any international court. See the Zondo report on the mafia organization that is the ANC and ANC cadres are raping Eskom to the tune of R1billion a month.

    I have a suspician that Putin talked quietly to Iran’s Supreme Leader Ali Khamenei suggesting that some problems for Israel would be very benificial for Russia and it would be “very grateful”. Hamas is known to be supported by Iran and Iran’s “suggestions” fell on willing ears. The attack on Oct.7 was the result. The West’s attention switched immediately away and the pressure on Russia in Ukraine was reduced. Putin is very good at international politics. Ukraine is fighting for their lives and is very dependent on the West’s goodwill which is wavering. Might is winning again…

  • Yaku de Beer says:

    Thank you, I was curious as to what strategy Israel would most likely follow tomorrow. Hopefully they can bring facts to the table and leave the incessant name calling at the door.

    Letting al-Bashir get away may now come back and haunt the SA government. Not a pleasant thought.

  • Frans Ferreira says:

    The outcome of this case is a forgone conclusion but what my question is : How can the ANC dish up a 84 page document in record time ,but is can’t produce answers to the numerus questions that is thrown at them in parliament

  • Philip Machanick says:

    It’s worth reading the South African submission. The most damning evidence is the words of Israeli leaders. A few examples.

    Israeli Minister of Agriculture: On 11 November 2023, Avi Dichter in a television interview recalled the Nakba of 1948, in which over 80 percent of the Palestinian population of the new Israeli State was forced from or fled their homes, stating that “[w]e are now actually rolling out the Gaza Nakba”

    Israeli Minister of Energy and Infrastructure: ‘Tweeting’ on 13 October 2023, Israel
    Katz stated: “All the civilian population in Gaza is ordered to leave immediately. We will win.
    They will not receive a drop of water or a single battery until they leave the world.”

    A lot more where that came from.

    • Izzy Trees says:

      Exactly. Intent to commit genocide is typically the hardest aspect to prove. In this genocide, Israeli officials and media have been proudly broadcasting their genocidal intent to all the world.

      • dexter m says:

        That is the issue some Israeli legal scholars want investigated , how could public officials be so stupid, did they not understand the ramifications their comments could have . I think going forward all Israeli politicians especially cabinet level will have a course on use of language from a legal standpoint.

    • Thinker and Doer says:

      Indeed, and it just indicates that they clearly feel that they can act with absolute impunity, brushing aside all statements calling on the Israeli government to ensure that they are staying within the ambit of international law. They just assert an “absolute right” to self-defence, but no right is absolute, and the right to self-defence must be exercised within the ambit of international law, which most importantly includes not committing genocide.

  • Bob Dubery says:

    Neither Gaza nor, more generally, Palestine has the right to appear before the ICJ. They are not UN members. So a third party would have to act against Israel. Ukraine is a full UN member, can bring cases against Russia to the ICJ, and has.

  • Barry Welsh says:

    There are “Free Palestine” banners at mosques, free Palestine car stickers and Palestine flags flying around Cape Town. This court case is a (morally) cheap bid for the Muslim vote as well as the “woke” vote in the upcoming election. Do you think they suddenly developed a moral compass? They more likely are trying to whitewash their blood soaked past – after all its now “woke” to fight for the underdog. The ANC no more cares for people in Ukraine (remember that shameful mess of a peace mission?) or for Palestinian women and children than it cared for the South Africans that were necklaced in pursuit of their goals – never mind all the murders of Inkata functionaries leading up to 1994 and blamed on a Third Force. There is no moral compass here, just desperation, or some PRO consultant-inspired political opportunism. Remember the millions spent by the EFF for Bell Pottinger to come up with “white monopoly capital”? Only solution – vote the oxygen thieves out of office.

  • Dexel prep says:

    Is SA paying for this?
    Why has Iran, or another state that supports (or not), Hamas, not instituted proceedings? Egypt, Saudi, Yemen, Lebanon, Qata, etc.
    Why are we ‘neutral’ about Ukraine, but first in the queue to go the legal route on this one? How are we doing in Sudan?

  • Geoff Hainebach Hainebach says:

    The South African government has but one motive for taking Israel to the ICJ and that is to distract the public from its failures in an election year. Its arguments apply to all the other perpetrators of mass killings from Syria, Sudan, Rwanda, Russia, Myanmar, Serbia, etc. to an even greater extent than Israel, where the perpetrators were not at risk for their survival and the South African government remained silent or supported the perpetrators. Whether these facts will move the court is doubtful but no nation has ever fought a similar war against an admitted genocidal threat who can offer advice on how to do it more humanely, given how Hamas is deliberately interwoven into the civilian population who have openly declared they would rather stay in Gaza than move into a safe area in Egypt’s Sinai, even temporarily, (death preferred to “Nakba” which was not threatened) while Egypt itself blocked the border to them.

    • Izzy Trees says:

      Any expulsion of Palestinians would not be “temporary”. As of 2019, more than 5.6 million Palestinians are registered as refugees. Once they leave Palestine, they are never allowed to return. Israel’s end goal is to annex Gaza, steal its untapped oil and gas in the Levant Basin (valued at $ 524 billion according to a UNCTAD report dated August 2019) and resell it to Europe.

  • Deon Botha-Richards says:

    At what point does Hamas get condemned and similarly sanctioned against launching further attacks on Israel?

    One cannot stop one side in a war.

  • Citizen X says:

    And Palestinians are killed by the hundreds daily, no stance matters!

  • dexter m says:

    Smart lawyers for Israel ,asked at the last minute for an hour extension to oral arguments . So SA who had to trim their argument to one hour . only get tonight to rework their presentation which leaves them with a disadvantage going in. So could say first points to Israel before even start of case.

  • If my three kids were murdered at a music concert by a neighbouring state or taken hostage I would definitely take action

  • wilsonnita53 says:

    South Africa has to get her own house in order before trying to solve other countries problems.

  • ZA Patriot says:

    Well done to our government! The ANC that is usually corrupt is again on the right side of history. Apartheid Israel needs to be brought to justice for their genocidal actions. 25 000+ people have been killed, 2 thirds are women and children. It’s sickening to think a “democracy” can enact such violence on an innocent population. This is without mentioning the Apartheid and Lebensraum tactics they have used to subjugate the Palestinian people.

    • dexter m says:

      Had no idea what Lebensraum meant . But after reading does apply to concept of Greater Israel espoused by Rabbi’s Kook ‘s father and son . Their ideology dominates Zionism and Judaism today.

    • Eddie Barendse says:

      “The ANC that is usually corrupt is again on the right side of history” – that oxymoron spoilt the rest of your post.

  • dexter m says:

    Do Israeli’s understand the ramifications of this charge? The case is today and you have MK Nissim Vaturi statement on the Palestinians remaining in north Gaza ” 100 000 remain .I have no mercy for those who are still there . We need to eliminate them ” . Is this the true face of Israeli Jews we are seeing for the first time in 75 years , because a high portion of them are of the same opinion. Is this the fascist culture that diaspora Jews funded and supported .

  • Ibrayisf says:

    I remain dumbfounded and in utter shock when i hear that Israel claims they have not committed any genocide against the Palestinians…..this world is totally upside down and controlled by the enemy the devil as the bible says. Even the most foolish person will see this and know that honestly there is genocide no need to ask. Unless the definition of genocide has different connotations goverened by different conundrums and provisions

  • Steve Marks says:

    Tomorrow is a big day for Israel. The Jews will respond succinctly. The allegation of genocide is spurious at best. All Civilized democratic countries should experience the precisely same attack on its citizens as the Israeli Jews experienced on Oct7. I would like to see how any other civilized democratic sovereign country would respond to the barbaric 7th century Islamist onslaught suffered by Jewish Israelis on Oct7. Either way, Israel will carry on its fight against the genocidal Islamist terror block that it has faced since 1948. Am Yisrael Chai

  • Carl Snape says:

    Just checking: Putin de-nazifying Ukraine, killing women/children/rape/torture is ok. Hamas killing/torturing/raping/murdering babies etc, is ok? Despite signing on to detain Al Bashiri and not doing so , ok? Necklacing thousands of your own race/citizens ok? Looting , thieving, robbing your own country blind- ok? Thinking that you are a “player” on the world stage ok? GBV highest in the world-ok? Youth unemployment highest in the world- ok? Corruption rampant- that must be ok too. Thieving Parliamentarians, civil unrest, lack of service delivery. Glass houses and stones spring to mind. Not quite sure who the hell these SA “dignitaries” think they are on the world stage? South Africa handed on a plate to ignoramuses’ Despair is not the word.

  • Alex Malamatas says:

    Only he who is perfect can cast the first stone, which disqualifies all. Only love brothers and sisters is the solution. Goodluck with that , in this day and age.
    Call me a dreamer , but I’m not the only one. John Lennon. 😊

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