A landmark legal battle unfolded at the International Court of Justice (ICJ), where South Africa formally submitted its merits in support of the notion that Israel has been committing grotesque acts of genocide in the Gaza Strip.
South Africa merits at the ICJ: Here’s a summary of the main arguments
The case, led by John Dugard, an international law professor and former UN Special Rapporteur, and senior lawyer Adila Hassim, has brought the global spotlight onto the ongoing conflict between Israel and Hamas militants.
South Africa’s Legal Team and Their Arguments
The South African legal team, led by John Dugard, focused on the urgent measures needed to address the conflict, including an immediate end to the ongoing military operation in Gaza.
Dugard, renowned as a thought leader in international law, argued that Israel’s actions in Gaza constitute “genocidal” behaviour, intending to destroy “a substantial part of the Palestinian national, racial and ethnic group.”
Adila Hassim, a key member of the team, stressed the critical need for provisional measures from the court.
She argued that without these interventions, the atrocities would continue unabated, with the Israeli Defense Force (IDF) indicating its intention to pursue its current course of action.
Hassim highlighted that genocides are not declared in advance, but evidence from the past 13 weeks shows a clear pattern of conduct and intention justifying claims of genocidal acts.
In a chilling moment that sent gasps reverberating across the courtroom, Hassim played a recording, showing the harrowing scenes of large crowds of Palestinians flooding an aid truck in a bid to scrap what they could.
Ronald Lamola’s Role and Submissions
South African Justice Minister Ronald Lamola also played a significant role in presenting the case.
Lamola contended that the 7 October attacks by Hamas militants, resulting in over 1 100 Israeli civilian deaths, do not justify Israel’s current actions in Gaza.
He stated that at least some acts by Israeli forces in Gaza contravene the UN Genocide Convention and cannot be considered an appropriate response to the attacks.
Lamola argued that “no armed attack on a state territory, no matter how serious, can provide any justification for or defence to breaches of the convention.”
The Urgency of Provisional Measures
The provisional measures South Africa seeks include halting Israel’s military attacks that violate the Genocide Convention and rescinding measures amounting to collective punishment and forced displacement.
These measures are deemed necessary to protect the rights of the Palestinian people under the Genocide Convention, which continues to be violated.
Israel’s Response and the International Community’s Stance
Israel, represented by a legal team including British lawyer Malcolm Shaw, has rejected South Africa’s allegations as baseless.
Israeli officials have accused the South African government of advocating for Hamas.
The international community has shown mixed responses, with several countries supporting South Africa’s suit, while Israel receives backing from its primary ally, the United States.
Israel will have the opportunity to submit its merits on Friday.