On Thursday, a legal proceeding regarding the conflict in Gaza will commence in The Hague. The International Court of Justice (ICJ) will hear claims that Israel is engaging in genocide in the region.
The nation of South Africa, who has initiated the lawsuit, is urging the UN court to take immediate action in order to prevent any further, serious and irreversible harm to the rights of the Palestinian people, as outlined in the genocide convention. These rights are currently being violated without consequences.
The ongoing attack on Gaza, which was initiated in retaliation to the 7 October assaults on Israel by Hamas resulting in the deaths of 1,200 individuals, mostly innocent civilians, and the kidnapping of 240 people, continues to cause immense destruction.
Following the events on October 7th, Israel has caused the deaths of over 23,000 individuals in Gaza, as reported by the health ministry of Gaza. It is believed that approximately 70% of these casualties were women or children. The UN’s relief agency for Palestinians, UNRWA, has approximated that 1.9 million people have been forced to leave their homes due to the conflict in Gaza, which accounts for almost 85% of the population. Additionally, tens of thousands of structures have been demolished.
South Africa submitted an 84-page written request to the ICJ seeking to initiate proceedings. The country stated that the actions and failures of Israel, as reported by South Africa, have genocidal qualities as their purpose is to annihilate a significant portion of the Palestinian national, racial, and ethnic group.
The court is being asked by South Africa to quickly take action and stop Israel from killing and harming Palestinians in Gaza. They also want Israel to stop deliberately causing harm to the Palestinian people as a group, prevent incitement to genocide, and lift restrictions on aid and evacuation orders. Proving genocide cases can be difficult and can take a long time, but South Africa is urging the court to take swift action.
Israel responded with anger upon receiving the application, deeming it to be unfounded and a false accusation. They assert that their actions are in self-defense, aimed at safeguarding Israelis by eliminating Hamas. The US, Israel’s strongest ally, has disregarded the case as lacking in validity.
Before the trial, Israeli leader Benjamin Netanyahu shared a video stating that Israel was battling Hamas, not the Palestinian people, and was following all international laws. He declared that Israel did not plan on taking over Gaza indefinitely or forcing its civilians to leave their homes.
Both parties will also strive to sway public opinion outside of the courtroom. Israel is organizing various events in The Hague, such as a peace march on Thursday morning, while South Africa prepares to present its argument. Exhibits about the Israeli hostages currently being held by Hamas and interviews with their loved ones will also be featured.
On Wednesday, South Africa announced that their delegation will consist of Jeremy Corbyn, the previous leader of the UK Labour party. Corbyn has been a longstanding advocate for the Palestinian cause, but his time as opposition leader was overshadowed by accusations of antisemitism.
The African National Congress (ANC), the ruling party in South Africa, has a lengthy track record of likening the treatment of Palestinians by Israel to that of black South Africans during the apartheid era.
The Organization of Islamic Cooperation (OIC), consisting of 57 member states, has shown support for South Africa’s decision to bring the case. Other countries have also voiced their approval. In a tweet, Belgium’s deputy prime minister, Petra De Sutter, stated her desire for her country to follow South Africa’s lead and take action at the International Court of Justice.
The legal representatives for both parties will be given equal time to present their arguments, roughly three hours each. South Africa will present first on Thursday, followed by Israel’s response on Friday. A verdict will not be announced immediately, but may be given within a few weeks.
or deliberately inflicting on the group conditions of life calculated to bring about its physical destruction
The 1948 genocide convention was created in response to the atrocities of the Holocaust, specifically the murder of 6 million Jews during World War II. According to this convention, genocide is defined as intentional acts aimed at destroying a national, ethnic, racial, or religious group. These acts can include killing or causing serious physical or mental harm to members of the group, as well as intentionally creating living conditions that will lead to their physical destruction.
The Hague lacks the power to enforce its decisions, and there is a chance that Israel may disregard an unfavorable ruling. However, this would only contribute to increased global criticism of its military actions.
Source: theguardian.com
