South Africa presents its case at The Hague regarding Israel’s massacre in Gaza

THE HAGUE, Jan 11 (Reuters) – In a high-profile case, South Africa accused Israel on Thursday of inflicting genocidal acts upon Palestinians during the opening hearings at the top U.N. court.

PALESTINIAN FOREIGN MINISTRY STATEMENT ISSUED IN RAMALLAH IN THE ISRAELI-OCCUPIED WEST BANK

“This case presented by South Africa at the International Court of Justice marks a momentous occasion in the longstanding, collective struggle against injustice and genocide by the Palestinian and South African people.” Through the utilization of legal instruments and international justice bodies, including law enforcement, it is vital to hold Israel—the unlawful occupying force—accountable. This lies at the heart of Palestine’s legal strategy and serves as a foundation for its diplomatic and international efforts.

“The inaction of the international community and failure to hold accountable those responsible, including Israeli government officials, military personnel, and settlers, has emboldened Israel to perpetrate, incite, and commit the crime of genocide.”

As echoed by protesters surrounding the court’s neatly manicured grounds, the case delves deep into the very core of Israel’s identity and the formation of the Jewish State. Similarly, the case brings forth issues that resonate with South Africa’s own unique history: The African National Congress, the ruling party, has often likened Israel’s policies in Gaza and the West Bank to its own experiences under the apartheid regime, which subjected most Blacks to “homelands” until its dissolution in 1994.

In an attempt to extend the scope of the case beyond the Israel-Hamas conflict, South African Justice Minister Ronald Lamola said, “The acts of violence and devastation in Palestine and Israel did not start on October 7, 2023. Palestinians have faced a constant onslaught of oppression and violence over the past 76 years.”

The case which can be viewed here, laid out the list of charges which it argues amount to genocide and go against human rights treaty. South Africa charge to the International Court of Justice (ICJ) is that Israel was in breach of its obligations under the 1948 Genocide Convention.

Health officials in Gaza report that women and children constitute approximately two-thirds of the casualties.

“The deliberate infliction of harm upon Palestinians—mothers, fathers, children, siblings, grandparents, aunts, and cousins—amounts to nothing less than the obliteration of Palestinian life. No one is exempt, not even newborn babies,” lamented South African lawyer.

Adila Hassim, representing South Africa alongside others, addressed the court, pleading for respect for Palestinian people’s “dignity and humanity”. She stated firmly that only a ruling from this court would abate the unnecessary suffering. South Africa’s evidence given before the hearing stated that Israel’s actions had the aim of annihilating a significant portion of the Palestinian group, based on nationality, ethnicity, and race.

South Africa draws attention to the fact that the conflict within Israel and Palestine did not begin on Oct. 7, 2023. Palestinians have been subjected to organized oppression and violence for the past 76 years,” Ronald Lamola, South African Justice Minister, commented. In the Gaza Strip, at least since 2004, Israel continues to exercise control over the airspace, territorial waters, land crossing, water, electricity, civilian infrastructure as well as key government functions. Entry and exist by air and sea to Gaza is strictly prohibited with Israel operating the only two crossing points.

“They have deplored anyone feeling sorry for the uninvolved Gazans, asserting repeatedly that there are no uninvolved, that there are no innocents in Gaza, that the killers of the women and the children should not be separated from the citizens of Gaza, and that the children of Gaza have brought this upon themselves,” South African attorney Tembeka Ngcukaitobi said during his presentation.

Prime Minister Andrew Holness have yet to comment on the current case after he came under fire in defence of Israel on Twitter immediately on October, 7-2023.
“The Government of Jamaica condemns in strongest terms the attack by the Hamas group on Israel, resulting in the deaths, injury and abduction of Israeli civilians. We convey our sympathies to the Government and people of Israel and to the families of all those affected. Jamaica firmly believes that the use of violence and terror has no place in international relations and should never be used against innocent civilians. We call for a cessation of hostilities, a return to peace within internationally agreed guidelines and the pursuit of diplomatic solutions.” ~Andrew Holness.

According to the Intercept, In the hours before the hearing, the number of countries backing the genocide charges exploded. In our hemisphere, Brazil, Colombia, and Nicaragua signed on; Malaysia, Turkey, Brazil, The Maldives, Namibia, Jordan, Iran, Bangladesh, Algeria, Bahrain, Comoros, Djibouti, Egypt, Iraq, Jordan, Kuwait, Lebanon, Libya, Mauritania, Morocco, Oman, Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, United Arab Emirates, and Yemen also joined. Many of these countries endorsed the charges through the Arab League, whose support is a body blow to the Abraham Accords.