Israel-Palestine live: Israel’s response to South Africa’s genocide case at the ICJ ends
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“South Africa contends that Israel has transgressed Article 2 of the convention by committing actions that fall within the definition of genocide. The actions show systematic patterns of conduct from which genocide can be inferred," said Adila Hassim the advocate representing South Africa.
Hassim continues that the “first genocidal act is mass killing of Palestinians in Gaza” as she showed photos of mass graves where bodies were buried.
"Israel deployed 6,000 bombs per week. At least 200 times, it has deployed 2,000 pound bombs in southern Gaza which it designated safe.
No one is spared. Not even newborns. UN chiefs have described it as a graveyard for children," she added.
“The violence and the destruction in Palestine and Israel did not begin on October 7, 2023," continued South African Justice Minister.
“The Palestinians have experienced systematic oppression and violence for the last 76 year, on October 6, 2023, and every day since October 7, 2023.
In the Gaza Strip, at least since 2004, Israel continues to exercise control over the airspace, territorial waters, land crossings, water, electricity and civilian infrastructure, as well as key government functions.
No armed attack on a state territory, no matter how serious, even an attack involving atrocity crimes can provide any justification for or defence to breaches to the Convention whether it’s a matter of law or morality.
Israel’s response to October 7 attack has crossed this line and gives rise to the breaches of the convention.
Faced with such evidence and our duty to do what we can do to prevent genocide, as contained in Article 1 of the Convention, the South African government initiated this case.
South Africa welcomes that Israel is engaged with the case in order to have the matter resolved by the court.”
South African Justice Minister Ronald Lamola, made the following opening statement:
“'In extending our hands to the people of Palestine, we do so in full knowledge that we are part of a humanity."
"These were the words of our founding president Nelson Mandela; this is the spirit in which South Africa acceded to the convention on the prevention and punishment of the crime of genocide in 1998."
“At the outset, South Africa acknowledges that the genocidal acts and permissions by the State of Israel inevitably form part of a continuum of illegal acts perpetrated against the people, Palestinian people since 1948.
“The application places Israel’s genocidal acts and omissions within the broader context of Israel's 75-year apartheid, 56-year occupation, and 16-year siege imposed on the Gaza Stri.p”
Vusimuzi Madonsela, South Africa’s ambassador to the Netherlands, opened his speech at the ICJ with the following:
“I wish to express my gratitude to the court for convening this hearing on the earliest possible date to entertain South Africa’s requests for the indication of provisional measures in this matter in our application," he said.
“South Africa has recognised the ongoing Nakba of the Palestinian people through Israel’s colonisation since 1948,” added the ambassador.
Joan Donoghue, president of the International Court of Justice from the United States, is introducing South African Judge Dikgang Ernest Moseneke and Israeli Judge Aharon Barak.
South Africa embroiled itself into a major legal battle with Israel when it filed a petition at the International Court of Justice and called on the body to investigate whether Israel was committing genocide against Palestinians since it began its latest assault on Gaza.
The 84-page application is the most significant call for Israel's actions to be labelled a genocide, and comes as the Palestinian death toll in Gaza nears 23,000, with the majority of the recorded fatalities being women and children.
The application says Israel's actions are "genocidal in character because they are intended to bring about the destruction of a substantial part of the Palestinian national, racial and ethnical group."
Israel has rejected the filing, calling it a "blood libel" - a reference to antisemitic lies that originated in the Middle Ages that Jews murdered Christian boys to use their blood for religious rituals.
Middle East Eye has broken down the application's main points and explains what impact a decision from the international court could have.
Read more: South Africa's genocide case against Israel, explained
South Africa is the first to start speaking in just a few minutes.
Follow Middle East Eye for live updates on the proceedings.
Nissim Vaturi, a politician from the party of Israeli Prime Minister Benjamin Netanyahu said on Wednesday that "Gaza should be burned" and that, according to him, "there aren't any innocent civilians" in the north of Gaza.
Vaturi's comments comes as South Africa is set to present its case that Israeli politicians are calling a for a genocide of Palestinians in Gaza.
Israel killed another Palestinian journalist on Thursday, according to Palestinian media reports.
The journalist Muhammad Jamal Thalathini was killed in an airstrike that targeted his house in Gaza.
The Israeli government has appointed Aharon Barak, the former head of its Supreme Court, to the panel of judges that will hear South Africa’s case accusing Israel of genocide in Gaza at an International Court of Justice (ICJ) hearing later this week.
In addition to the 15 judges on the permanent panel at the Hague-based court, the two parties to a case are also able to nominate a judge to take part in the deliberation. Decisions are taken by a simple majority.
In an 84-page application, South Africa said Israel's actions in Gaza were "genocidal in character because they are intended to bring about the destruction of a substantial part of the Palestinian national, racial and ethnical group".
The Palestinian death toll since war broke out on 7 October is nearing the 23,000 mark in the besieged enclave. The majority of those killed are women and children.
Barak’s appointment to the ICJ panel was personally approved by Prime Minister Benjamin Netanyahu, according to a report on Israel's Channel 12.
Read more: Aharon Barak: Israel's judge at the ICJ who 'legitimised occupation'
In less than one hour South Africa is set to present its arguments to the International Court of Justice (ICJ) in the Hague, Netherlands.
Here is what the schedule today and tomorrow (local time) looks like as per the ICJ:
- Thursday 11 January 2024 - 10.00 am - 13.00 pm: Oral argument by South Africa
- Friday 12 January 2024 - 10.00 am - 13.00 pm: Oral argument by Israel
These are the countries that have publicly voiced their support of South Africa's case against Israel at the International Court of Justice
- The Organization of Islamic Countries - representing 57 Muslim countries
- Malaysia
- Turkey
- Jordan
- Colombia
- Bolivia
- Maldives
- Namibia
- Pakistan
