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ICJ Genocide Case Against Israel: South Africa’s Argument Against Israel

The Hague: The International Court of Justice has commenced the hearing of the case against Israel for genocide in Gaza, presented by South Africa.

Under the leadership of South African Professor John Dugard, a panel of lawyers is pursuing the case, while representation for the Israeli side is being carried out by British lawyer Malcolm Shaw. The proceedings in court, with the presence of both parties, were aired directly on television for the public.

Earlier, South Africa filed a legal case comprising 84 pages in the International Court of Justice, alleging a violation of the 1948 Genocide Convention by Israel. This convention mandates all countries to ensure that crimes like “genocide” never occur.

In the initial hearing held on Thursday, representatives from South Africa were provided an opportunity to present their evidence on the matter. The South African team presented a three-hour-long account of the dire situation in Gaza, urging an emergency order against ongoing killings and destruction by Israel in Gaza which has resulted in around 24,000 Palestinian casualties, including over 10,000 children, have been reported in Gaza since October 7, as per the enclave’s health ministry.

During the hearing of South Africa’s case against Israel, accusing it of committing genocide in Gaza, the South African advocates, including Adila Hassim, highlighted five “genocidal acts” during Israel’s war on Gaza.

  1. Mass Killings: The first genocidal act cited was the mass killing of Palestinians in Gaza, with Hassim presenting evidence of mass graves and the use of highly destructive bombs by Israel.
  2. Bodily and Mental Harm: The infliction of serious mental and bodily harm on Gazans by Israel’s Occupying Forces, especially women and children, was listed as the second genocidal act. Over, 60,000 Palestinians have been wounded in a collapsing health system.
  3. Forced Displacement and Food Blockade: The deliberate imposition of conditions leading to forced displacement and a blockade on food and water, causing widespread hunger and suffering by Israel, was presented as the third genocidal act.
  4. Destruction of Healthcare System: The fourth genocidal action highlighted Israel’s military assault on Gaza’s healthcare system, rendering it unsustainable and incapable of coping with the influx of injured.
  5. Preventing Palestinian Births: Israel’s obstruction of life-saving treatment needed for childbirth was presented as the fifth genocidal act, constituting an act of genocide.

The South African legal team emphasized the need for an emergency order against ongoing atrocities in Gaza, acknowledging that a final sentence on genocide allegations may take years.

According to the evidence gathered, Israel’s actions, beyond aerial bombings like those in Gaza, are seen as having the nature of genocide because their objective is to destroy a significant part of the Palestinian population. The actions also include unsuccessful attempts, such as protecting civilians in urban areas.

The Israeli statement is also included in the case, featuring remarks from Prime Minister Netanyahu, being presented as evidence of the intent for genocide. South Africa’s submitted evidence indicates acts of killing, looting, causing severe physical and psychological harm to Palestinians, and deliberately creating life-threatening situations as part of a group’s effort to achieve their physical destruction. The request also points to public statements by Israeli authorities, expressing an intent for destruction.

The International Court of Justice (ICJ) in The Hague will conduct the hearing of this case for two days, and on Friday, Israel also got the chance to present its position. At the conclusion of the hearing, the court will decide whether an interim order should be issued on this matter or not.

It is noteworthy that since the beginning of Israeli aggression in Gaza on October 7, the Israeli attacks have resulted in the deaths of nearly 23,708, including over 10,000 children and 7,000 women, and 60,050 Palestinians have been injured severely, and more than 8,000 Palestinians have been missing under the rubble since October 7, presumably dead. According to UNICEF,  more than 10 children a day lose one or both legs in Gaza due to Israeli attacks.

According to media reports, within the past 24 hours, Israeli forces have martyred 151 Palestinians in more than 248 brutal operations.

Since October 7, Israel has carried out more than 600 attacks on hospitals and medical infrastructure, killing 620 people within the healthcare facilities of whom 610  were in Gaza and 7 in the West Bank Israel has also consistently targeted journalists killing at least 117 journalists since its war in Gaza.

Moreover, since October 7 Israel has detained 5,755 Palestinians including 190 women and 335 children.

Furthermore, 60-70% of infrastructure in Gaza has been either completely destroyed or damaged in Israeli attacks, and over 2 million people or 85% population of the Gaza Strip have been displaced out of its total population of 2.3 million. The UN’s Under-Secretary-General for Humanitarian Affairs, Martin Griffiths has said that “Gaza has simply become uninhabitable”

Meanwhile, in the West Bank, at least 340 Palestinians killed by Israel including more than 84 children while 4,000 have been injured.

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