Israel vs Palestine: International Court of Justice to hear SA’s case

As the International Court of Justice (ICJ) sits today for the two days of oral evidence in the genocide case against Israel, local human rights activists and legal experts have applauded South Africa’s courage in bringing the matter to the court.

The two-day hearings will include Israel’s first formal response to allegations of atrocities against the Palestinian people since the start of the war against Hamas in October last year.

South Africa has accused Israel of violating the Genocide Convention by committing genocide against Palestinians in Gaza, and also by failing to prevent it.

South Africa has asked the court for an emergency order forcing Israel to implement an immediate ceasefire.

‘On the right side of history’

Preliminary hearings will take place today and tomorrow, and South African Justice Minister Ronald Lamola will lead South Africa’s delegation to the Peace Palace (International Court of Justice) in The Hague.

“We are determined to see the end of the genocide that is currently taking place in Gaza. We are most encouraged by leaders of the world who have not blunted their consciousness and have stood on the right side of history by supporting a case that seeks to protect the rights of human beings, regardless of their nationality or ethnicity,” Lamola said.

Lamola’s spokesperson Chrispin Phiri said the South African delegation to The Hague includes several officials, such as director-general in the Presidency Phindile Baleni and director-general of the Department of International Relations and Co-operation (Dirco) Zane Dangor.

“The South African delegation will be joined by senior political figures from progressive political parties and movements across the globe which include, among others, Jeremy Corbyn, the former leader of the opposition in the United Kingdom.”

Independent legal expert Mpumelelo Zikalala praised the South African government for this move and also commended the calibre of the legal team assigned to argue the case. Zikalala said it was courageous for South Africa to take this move without any fear of being shut down from its international counterparts in terms of economic and inter-governmental relations.

“This is an urgent application. South Africa is saying until there is a formal judgement on the war, there must be a cease fire order given by the courts.”

While many human rights campaigners have welcomed South Africa’s stance, pro-Israeli groups have criticised the move.

Criticism and support

South African Friends of Israel said the South African government was hypocritical by bringing the case to the international court while welcoming others who had committed crimes against humanity.

“The ANC government likes to shout ‘genocide’, but is happy to welcome actual genocidal leaders with open arms when it suits them politically,” the organisation wrote.

Pietermaritzburg human rights activist Mahomed Saeed said he supported South Africa’s ‘historic and commendable’ legal action against Israel.

“Apartheid Israel, fully supported both in terms of finances and military equipment by western-backed countries, has been brutally attacking Palestinians over many decades, with no end in sight.”

Saeed said he hoped for a positive outcome for South Africa’s case.

Pietermaritzburg human rights lawyer Poobalan Govindasamy described the Israel-Gaza war as a crime against humanity.

“It is an injustice to the defenseless people of Gaza whose land has been stolen, unlawfully invaded and appropriated under the watch of the United States and the United Kingdom.

“It is similar to the Bantustans and Homeland system under apartheid South Africa. Israel is an apartheid state oppressing people who they see as inferior to them. The brutality of this war must cease immediately. Furthermore, the land must be restored to the people of Gaza and with reparations to follow.”

Govindasamy said he wholeheartedly supported the action of the government to take Israel to court.

Global humanitarian activist group Human Rights Watch also welcomed South Africa’s case before the ICJ.

“South Africa’s case is about Israel’s obligations under the Genocide Convention and puts its conduct in Gaza in sharp focus before the United Nations’ highest judicial body,” said Balkees Jarrah, the associate international justice director at Human Rights Watch.

“South Africa has asked the World Court to issue urgent measures to protect Palestinians in Gaza who face catastrophic living conditions as a result of war crimes carried out by Israeli authorities. While the case may take several years to reach a final ruling, South Africa has asked the court to order provisional measures to protect the Palestinian people in Gaza from further harm, ensure Israel’s compliance with the Genocide Convention, and safeguard South Africa’s ability to have the case fairly adjudicated,” he said.

Call for support

Meanwhile, the Gift of the Givers has called on Africa to support South Africa at the ICJ.

“They’ve labelled our professionals the A-team. These are among South Africa’s best legal minds, but their world-class skill is ingrained with the profound qualities of spirituality, compassion, justice, empathy and humanity. This is no ordinary legal battle, this is Herculean, the fight for truth over falsehood; good over evil; Africa over the West; oppression against imperialism and colonialism; and freedom against apartheid.

“The African Union should be at the forefront, supporting South Africa’s principled stand at the ICJ, both as a collective but importantly as individual nation-states.

“We call on the one billion strong Africans (this is a geographical concept that embraces all races and colours) on our continent to impress on their governments to take the bold, just and correct decision to stand on the right side of history, openly and vociferously, supporting South Africa at the ICJ, for tomorrow we could end up being bullied the way the Palestinians have been subjugated for 75 years while the world looked the other way,” the SA-based humanitarian aid group added.