S. Africa’s genocide lawsuit against Israel continues, Western media silent
Despite the gravity of the situation, experts note that major Western media outlets have not provided extensive coverage of the development
The Republic of South Africa filed a lawsuit at the International Court of Justice (ICJ) against Israel, alleging a violation of the 1948 United Nations Convention on the Prevention and Punishment of Genocide.
The lawsuit addresses Israel’s actions in Gaza since Oct. 7.
In a formal written statement, the ICJ confirmed that the Republic of South Africa had filed a lawsuit against Israel, accusing the latter of violating its obligations under the “Genocide Convention” concerning the Palestinians in the Gaza Strip.
“Israel’s actions and omissions are genocidal because they were committed with the specific genocidal intent,” the statement read.
It was stated that the actions carried out were aimed at “destroying the Palestinians in Gaza.”
The statement said that Israel “violates its obligations under the Genocide Convention through its actions against Palestinians in Gaza, through other people and entities acting on the instructions, at the direction, under the control or the influence of the Israeli government, state authorities and other representatives.”
According to Article 9 of the Genocide Convention, if a state has violated the articles of the convention, any state party to the convention can file a lawsuit against the violating state in the ICJ.
Clayson Moneyla, a spokesperson for the country’s Department of International Relations and Cooperation, said on social media platform X that government attorneys from South Africa are preparing for the case, which is scheduled to be heard on Jan. 11 and 12.
Despite the gravity of the international move, experts have noted that major Western media outlets have not provided extensive coverage of the development.
The first hearing after South Africa applied to the ICJ took place on Jan. 11 in The Hague, Netherlands. At the hearing, which started at 12:00 p.m. Turkish time, Israeli Prime Minister Netanyahu’s “Amalekites” speech, in which he quoted from the Torah, was used as evidence against him.
The hearing lasted approximately 3.5 hours.
Bold defense from Netanyahu
Netanyahu rejected all the accusations against his country in the U.N.’s highest judicial institution with a bold defense. Defending that the accusations against Israel are “lies,” Netanyahu said: “Today, we have seen again a topsy-turvy world in which the state of Israel is accused of genocide at a time when it is fighting against genocide.”
While Netanyahu claimed that the Israeli army, which was presented with clear evidence that it deliberately targeted civilians in the Gaza Strip, was “the most moral army in the world,” he claimed that Israeli forces “did everything to prevent civilians from being harmed.”
Accusing South Africa, which filed a lawsuit against Israel at the ICJ on charges of “ethnic cleansing and genocide,” with “hypocrisy,” Netanyahu claimed that they “will continue to fight terrorists and lies until definitive victory.”
Meanwhile, Tembeka Ngcukaitobi, the second lawyer representing South Africa, said, “Israel’s political leaders, military commanders and people holding official positions have systematically and in explicit terms declared their genocidal intent.”
Ngcukaitobi presented Netanyahu’s comments as evidence that called on ground troops preparing to enter Gaza on Oct. 28, 2023, to “remember what Amalek has done to you.”
“This refers to biblical command by God to Saul for the retaliatory destruction of an entire group of people,” Ngcukaitobi said.
The genocide trial has begun
The lawsuit was filed by the Republic of South Africa on Dec. 29 in response to Israel’s violation of the Genocide Convention in Gaza since Oct. 7. The country requested an interim injunction against Israel.
South African lawyers will make presentations to the Court judges at today’s hearing and Israeli lawyers will make presentations to the Court judges on Jan. 12.
Blinne Ni Ghralaigh, one of the lawyers representing South Africa, said that the U.N. secretary-general and his officials describe the situation in Gaza as a “humanitarian crisis,” a “living hell,” a “bloodbath,” and “an increasingly deepening situation in which the entire population is surrounded and oppressed and so on.”
Ghralaigh described Israel’s attacks on the Gaza Strip as “the horror of the genocide against the Palestinian people.” Stating that the health care system in Gaza has completely collapsed, Ghralaigh presented data to the court and explained how Gazans were dragged to death.
Blinne Ni Ghralaigh, the lawyer of the South African delegation, speaks about the deteriorating condition of the health care system in Gaza.
Meanwhile, Ghralaigh lamented that four out of every five people in Gaza are currently facing famine. She also highlighted that more deaths are expected from starvation and disease than deaths from bombings.
An average of 247 Palestinians are killed every day – including an average of 48 mothers and more than 117 children being targeted on a daily basis.
’Necessary measures must be taken’
Professor Max Du Plessis, another lawyer representing South Africa, said that what is happening in Gaza now is “not an ordinary conflict.”
Instead of calling it a “simple conflict,” It would be more accurate to describe the situation as destructive actions carried out by the occupying Israel, which has deprived the Palestinian people of their right to self-determination for more than half a century.
These violations take place in a world where Israel, for years, has considered itself above and beyond the law.
Professor Max Du Plessis, an international human rights law expert, gives the first speech after the hearing break.
Reiterating that they have repeatedly informed and warned the U.N. officials that Israel’s activities in Gaza constitute genocide, Professor Du Plessis emphasized that “interim measures” should be taken as soon as possible to prevent the crime against humanity and to protect the rights claimed under the Genocide Convention.
‘We are all responsible for this massacre’
International Law Professor John Dugard, who is from South Africa, stated that the responsibility for compliance with the Genocide Convention belongs to all international communities:
“State parties to this convention are obliged not only to desist from genocidal acts but also to prevent them,” he asserted.
Professor John Dugard has been known for his work on crimes against humanity committed in the Palestinian territories for many years.
Dugard stated that careful consideration preceded the decision to file a genocide case against Israel. Additionally, they had made efforts to communicate with the Israeli government before taking legal action but received no response.
Similarly, Ngcukaitobi pointed out that the commandment “Remember what Amalek did to you,” repeated by Netanyahu more than once and mentioned in the Torah, directly led to the genocide against the people of Gaza.
Ngcukaitobi recalled Israeli Defense Minister Yoav Gallant’s description of Palestinians as “human animals” and National Security Minister Itamar Ben-Gvir’s statements about targeting anyone who supports Hamas.
Tembeka Ngcukaitobi, the lawyer of the South African delegation, showed the video of Israeli soldiers dancing and singing genocide songs to those present in the courtroom.
Ngcukaitobi, who showed the courtroom a video of Israeli soldiers shouting that they would fulfill the Biblical order to destroy Amalek and dancing while singing the song “There are no innocents in Gaza,” Ngcukaitobi said that everyone was responsible for the massacre, from top to bottom.
“Genocidal utterances are therefore not out in the fringes, they are embodied in state policy. The intent to destroy is plainly understood by the soldiers on the ground, it is also fully understood by some within the Israeli society with a government facing criticism for allowing any age to Gaza on the basis that it is recounting its promise to starve Palestinians. Any suggestion that Israeli officials did not mean what they said or were not fully understood by soldiers and civilians alike to mean what they said should be rejected by this court,” he went on to add.
Adila Hassim, another lawyer of the South African delegation, accused Israel of violating Article 2 of the Genocide Convention. “Israel deployed 6,000 bombs per week. At least 200 times, it has deployed 2,000-pound (907-kilogram) bombs in southern Gaza, which it designated safe. No one is spared. Not even newborns. U.N. chiefs have described it as a graveyard for children,” she said.
Adila Hassim, the lawyer of the South African delegation, explains the crimes against Israel with photographs and documents.
In his opening speech for the case, South African Minister of Justice Ronald Lamola emphasized that the gesture extended to Palestine was made with the awareness of being a part of humanity.
“These were the words of our founding president Nelson Mandela, this is the spirit in which South Africa acceded to the Convention on the Prevention and Punishment of the Crime of Genocide in 1998. This is the spirit in which we approach this court as a contracting party to the convention. This is a commitment to all, to the people of Palestine and Israelis alike,” Lamola added.
South African Minister of Justice Ronal Lamola delivers the opening speech.
Emphasizing that the oppression in Palestine did not start on Oct. 7, Lamola said: ” The Palestinians have experienced systematic oppression and violence for the last 76 years, on Oct. 6, 2023, and every day since Oct. 7, 2023.”
“In the Gaza Strip, at least since 2004, Israel continues to exercise control over the airspace, territorial waters, land crossings, water, electricity and civilian infrastructure, as well as key government functions.”
South Africa’s demands
In its written application on Dec. 29, South Africa requested the court to issue nine preliminary injunctions against Israel.
Among the precautionary measures requested by South Africa are that Israel immediately cease military operations in Gaza, take the necessary measures to prevent genocide against Palestinians, and ensure that the displaced return to their homes and provide adequate food, water, fuel, medical and hygiene supplies, shelter and clothing.
These include providing access to humanitarian aid, taking the necessary steps to punish those involved in genocide, preserving the evidence of genocide, and submitting regular reports to the Court on the implementation of the measures taken.
The ICJ serves as the U.N. judicial body in resolving issues subject to U.N. agreements and international agreements.
As the legal team representing the Republic of South Africa entered the Court building, pro-Palestinian supporters gathered outside, staging a demonstration.
Israel’s ‘genocide’ trial is over! Remarkable moments in the historical hearing
During the hearing, which lasted approximately three hours, Israeli lawyers defended the accusations against Israel. While the Israeli delegation preferred to accuse the South African administration instead of answering the accusations, it drew a reaction when it described South Africa’s application to the court alleging genocide as “slander.”
‘NOTHING CAN JUSTIFY GENOCIDE’
Lamola made a statement to the press as he left the Court building after the end of the hearings of the genocide case they filed against Israel.
Pointing out that his country filed a lawsuit against Israel on the grounds that it violated the Genocide Convention, Lamola stated that Israel’s actions in Gaza qualified as genocide.
“There is nothing justifying the way Israel wages war on Gaza. Self-defense does not justify genocide,” Lamola said.
THEY ARE AFRAID OF HAMAS
Christopher Staker, another lawyer responsible for Israel’s defense, suggested that a possible court decision to “stop Israel” would deprive Israel of defending itself. He said that stopping military operations would strengthen Hamas and that they would pose a greater threat to Israel in the future.
Christopher Staker, an international lawyer, previously served in the Criminal Court for Yugoslavia.
‘ISRAEL PROVIDES HUMANITARIAN AID GUARANTEE’
Omri Sender, who represented Israel at the hearing, claimed that Israel “no doubt meets the legal test of concrete measures aimed specifically at recognising and ensuring the rights of the Palestinian civilians in Gaza”. He also stated that Israel ensures that humanitarian aid enters Gaza and that there are no restrictions on the supply of clean water to the Gaza Strip.
Omri Sender, a lawyer working at Tel Aviv-based S Horowitz & Co Law Firm, claimed that humanitarian aid was not blocked by Israel.
‘CIVIL DEATHS ARE UNINTENTIONAL BUT LEGAL’
Galit Raguan, deputy director of the International Justice Department of the Israeli Ministry of Justice, said that Hamas is responsible for the civilian deaths in Gaza. “Urban warfare will always result in civilian harm.” They “may be the unintended but lawful result of attacks on military targets. They do not constitute genocidal acts.” Raguan said.
Galit Raguan, deputy director of the International Justice Department of the Israeli Ministry of Justice, talks about the attacks carried out by Hamas on the Israeli army, instead of acquitting Israel of genocide.
Emphasizing that Hamas uses hospitals for “military purposes,” Raguan claimed that the Israeli army did not directly target the hospitals despite all the concrete evidence available.
VIOLENCE PERSISTS AMID HEARING
Reports indicate that casualties occurred when the Israeli army bombed the residence of Abu Senima, a Palestinian man freed by Israel on the third day of a truce deal with Hamas, in Rafah city, Gaza. The victims, including children and infants, were brought to Abu Yusuf al-Najjar Hospital in Rafah. The grieving relatives of the deceased are overwhelmed with sorrow in the wake of this devastating incident.
HIS VOICE GET HOARSE WHEN DEFENDING ISRAEL
International Law Professor Malcolm Shaw defends Israel.
Professor Malcolm Shaw, who provided Israel’s legal defense, said “stands alone among violations of international law as the epitome of evil.” If the charge of genocide is leveled incorrectly, “the essence of this crime would be lost.”
Shaw had to take frequent breaks from his speech due to his hoarseness.
While Shaw stated that Israel’s actions were in accordance with international law, he said that they had repeatedly warned Gazans to move from the region in order to reduce civilian deaths.
ISRAEL’S CONTROVERSIAL PERSPECTIVE: OUR OCCUPATION AIMS TO PROTECT GAZANS
Tal Becker, who made the first speech in defense of Israel, blamed the South African delegation that made its speech on the Jan. 11. He stated that the crimes against his country were a “distorted story”.
Tal Becker, legal advisor to the Israeli Ministry of Foreign Affairs, makes the opening speeches on behalf of Israel.
While claiming that the massacre committed in Gaza was for “self-defense” in response to the attacks of Hamas, he defended the atrocity they committed by saying, “If there is an act of genocide, it was committed against Israel.” He also stated that the reason for the occupation in Gaza was “to protect Gazans from Hamas”.
PROTESTS START IN FRONT OF THE COURT
Palestinian supporters and press members gather in front of ICJ’s building following the second day of the hearing.
‘I’VE NEVER FELT SO PROUD’
Regarding the genocide case, Cyril Ramaphosa, president of the Republic of South Africa, said, “I have never felt as proud as I felt today.”
According to news in the national media, Ramaphosa, in his speech at the meeting of the African National Congress (ANC), said that their aim with the lawsuit they filed against Israel was to stop genocide. Evaluating the case, whose first hearing was held today, Ramaphosa said, “I have never been this proud as seeing Ronald Lamola, a son of this province, standing there in that court introducing our case,” he said.
Source: Newsroom
