In his opening remarks in the case brought by the South African government to the International Court of Justice against Israel, Justice Minister Ronald Lamola says South Africa wants to stop the suffering of Palestinians.
The country wants the court to issue a provisional order that will make Israel discontinue its bombardment of Gaza.
South Africa is presenting its case before the court’s 15 judges.
Lamola says Israel has oppressed Palestine for decades.
SA-Israel ICJ case | Minister of Justice and Correctional Services Ronald Lamola
Barrister Vaughan Lowe (KC) says no matter how monstrous or appalling the attacks by Hamas in Israel, genocide cannot be justified.
He says genocidal attacks on the whole of Gaza and its whole population with the intent of destroying them, cannot be justified.
SA-Israel ICJ case | Vaughan Lowe KC
Tembeka Ngcukaitobi SC laid out the case for genocidal intent.
“These acts can include other acts that fall outside the genocide definition. It is evident in the way the military attack has been systematically conducted. Also, the targeting of family homes, healthcare and the denying of access to humanitarian aid. Already 1% have been killed. The extraordinary feature is the systematic declarations by Israel’s political leaders and these statements are repeated by soldiers on the ground. After the attack, Prime Minister Benjamin Netanyahu warned of an unprecedented response. There have been repeated references to Amalek, a group whom God instructed to be killed, included children and animals. The deputy speaker of the Knesset (Israel Parliament) called for Gaza to be erased from the earth. Also references to a total blockade of ‘human animals’, a call supported by many parliamentarians. The intent to destroy has been formulated and distributed from the highest levels of state.”
SA-Israel ICJ case | Tembeka Ngcukaitobi SC
Adila Hassim SC began South Africa’s case by giving details of what led to the genocidal allegations.
She said the actions show systematic conduct in an area that Israel controls all access, from people, to water, service and internet access.
For 96 days she said, Israel has subjected Gaza to one of the heaviest conventional bombing attacks in recent history.
“The people of Gaza are also in danger from death by starvation and disease, especially with aid provision extremely difficult. She emphasized that SA is not asking for a final decision, but that some of the acts might fall within the definition. These are documented in detail and confirmed by reliable, often UN, sources.”
She said that statistics she quoted were from the UN, accurate to 9 January 2024.
She explained the team would limit the use of audio-visual material, out of respect for victims.
SA-Israel ICJ case | Adila Hassim SC
Advocate John Dugard says for provisional measures to be issued by the court there need to be a basis for a prima facie case.
He says this has been well proved.
Dugard described that despite the harsh accusations, Israel has persisted in its violent actions on Palestinians in Gaza.
Dugard says these are some of the reasons this case is so necessary as Israel has also contravened the Genocide Convention.
SA-Israel ICJ case | John Dugard SC
Advocate Max du Plessis has argued that Israel’s effort to eliminate Hamas may have the consequences of eliminating the entirety of the Palestinian people in Gaza.
He added that the intent to dismantle Hamas does not mean that there is no genocidal intent on the part of the State of Israel.
SA-Israel ICJ case | Max du Plessis SC
Blinne Ni Ghralaigh KC described the situation as a crisis for humanity and the embodiment of hell.
Violence, death, disease, no school, starvation , Gaza is becoming uninhabitable.
For children there is nothing but the sound of war, day in, day out.
“Reports of torture and abuse of bodies more common. Four out five people in the world in catastrophic hunger are in Gaza. The daily stats are clear proof: 247 deaths (including 48 mothers and 117 children, 3 medics, a UN worker, a journalist). Some are wounded over and over. Each day 3 900 homes destroyed, ambulances and hospitals are targeted. Bombs are dropped on places people have been told to evacuate to. There’s a new acronym – WCNSF – which stands for “Wounded Child, No Surviving Family”. There is imminent and irrevocable evidence of urgency. UN aid remains unimplemented. Humanitarian ceasefire calls have been ignored.”
SA-Israel ICJ case | Blinne Ni Ghralaigh KC
Vusi Madonsela says the international system has failed to prevent genocide in Gaza.
He says Palestinians who are also part of South Africa’s case against Israel are lucky to come out alive.
Madonsela says Israel has disposed Palestinians of their land.
SA-Israel ICJ case | Ambassador Vusimuzi Madonsela gives SA’s closing arguments
