ICJ CASE RECAP
South Africa’s genocide case against Israel – what both sides argued before the ICJ
In January, the world watched as South Africa took Israel to the World Court, alleging that the latter was committing genocide against the people of Palestine.
A legal team from South Africa argued before the International Court of Justice (ICJ) on 11 January that Israel is violating the 1948 Genocide Convention by trying to destroy part of the Palestinian population through its military assault on Gaza.
For South Africa, Advocate Adila Hassim argued that Israel’s actions amounted to a “pattern of genocidal conduct. At least some (of this conduct), if not all, falls within the Genocide Convention’s provisions”.
Ferial Haffajee unpacked South Africa’s argument before the court here:
Top SA legal team argues genocidal intent by Israel showing how life is being squeezed from Gaza
Peter Fabricius wrote that only an urgent order from the court would force Israel to immediately stop its military assault on Gaza:
The next day, on 12 January, Israel’s legal team responded, arguing that South Africa empties the word ‘genocide’ of its unique force and meaning:
Israel asks the ICJ to throw out SA’s ‘curated and inaccurate’ genocide case
Watch a video summary of the arguments:
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Hamas ‘poked the bear’. Hamas is a destructive terrorist organisation that lords it over the citizens of Gaza with an iron fist. The Palestinians have been caught between the madness of the Hamas attack and the vicious reaction by Israel. The Israelis have never been remotely associated with any terrorist actions and this is evidenced by their pre-warning to Palestinians of areas targeted for imminent reprisal military action. Hamas did the exact opposite when they invaded Israel without warning and, with unbelievably savage brutality, tortured and murdered young people and children at a music concert. This sort of behavior would cause untold anger and disgust in any community, which is exactly what happened. To the extent that the Israeli nation has decided to end Hamas terrorism totally. Can they be blamed for over reacting? Their fight is with Hamas, not Palestine, a point largely overlooked by the SA delegation to the Hague.
The international law experts understand clearly why there was no order for a cease fire. Firstly, the parties to the conflict would be a state actor and a signatory without reservations that is Israel a non state actor Hamas that is not a signatory to the Convention. It would be therefore s convoluted decision to make an order for a cease fire. The court imposed the duty to a UN member state that is a signatory to the 1948 Convention for the Prevention and Punishment of the Crime of Genocide. This is to the chagrin of the detractors of the South African government at home and abroad. The implementation of the measures imposed by the court would require a cease fire in practice . The judgement has actually emboldened the global South to call the bluff of the Western countries on the issues of human rights. It is a monumental achievement by South Africa that would reverberate in the streets and the citadels of power of the Western capitals that are dishonest. We must salute South Africa that in the face of derision by western legal and political plumbers stood its ground based on principle. They have made us to be proud as South Africans. Israel stands accused of the crime of crimes, genocide because we dared to stand up for the down trodden Palestinians irrespective of threats and insults.
I agree with Rae Earl’s comment. Friend of mine retorted when I called Hamas terrorists that the ANC and others were considered terrorists in the 1980’s insinuating that Hamas are freedom fighters. I responded that terrorists torture, maim and target innocent civilians in the cruelest possible way. I can’t recall that freedom fighters video tape the beheading of hostages and proudly display the murders to the world. I can’t recall that the ANC and the others called terrorists by the Apartheid government conducted such atrocities. They were freedom fighters. Hamas are all but freedom fighters as made out by ANC and other like minded political parties. What Hamas did on 7/10 is not fighting for freedom. It was a deliberate attack committing the most heinous and horrifying murders and torture on innocent Israeli citizens. Furthermore, Hamas targeted Israeli families in the past committing atrocities and murders. What is beyond my understanding is that the world, South Africa in particular, turns a blind eye to the “HOW” of the murders of 7/10. The hysteric joy and jubilation by Hamas whilst perpetrating inter alia rape, torture and murder of innocent civilians. Now Israel is blamed for defending its citizens. For wanting to exterminate a terrorist organization that publicly declared that 7/10 is not the last. That they will continue until Israel is no more. Hamas committed genocide on 7/10. And makes it clear that they will not stop until Israel is annihilated. Hamas should be taken to the ICJ not Israel. The ANC government displays utter hypocrisy. As far as I am concerned the ANC has a hidden agenda. If not, then why utter silence regarding Russia ignoring the ruling of the ICJ. Should Israel follow its example there will by gnashing of teeth, demonstrations and more. Any outcry regarding the atrocities in Sudan? Much worse, welcoming and embracing the perpetrator found guilty by the ICC, Omar Al-Shabir. The foregoing is but two examples that display not only hypocrisy but point to a hidden agenda. Some of which already in evidence for those with an understanding of the role of power (which ANC is losing and requires desperate attempts to maintain) and even suggestions of the greatest evil on earth. Finally, Hamas and other terror organizations have the perfect weapon: they use the values of the West, as well as the western media in the fight against the West. Yet they share no such values amongst themselves. Even killing with impunity those that share the same faith as theirs. And the West seems to be blind to their modus operandi
This Government could have taken that R2bn and spent it on our country’s upgrade of roads, infrastructure, the poor, center of Johannesburg, Hillbrow and surrounding, etc. They should stay out of other countries, concentrate on our own and spend the money internally.