This is an entry from: Israel-Palestine live: Israel’s response to South Africa’s genocide case at the ICJ ends
Israel is a party to the ICJ, Hamas is not, says South Africa
11 January 2024 12:25 GMT
Vaughan Lowe, a new advocate representing South Africa, has just finished speaking.
Lowe said the court does not “have to determine whether or not Israel has, or has not, acted contrary to its obligations under the Genocide Convention”.
He says this can only be done “at the merits stage”.
Lowe does address why South Africa does not seek any court order against Hamas with the following comments:
- This case concerns Israel’s actions in Gaza, which is the territory that, three weeks ago, the UN Security Council stressed is “an integral part of the territory occupied in 1967” by Israel.
- As the court will understand, Hamas is not a state and cannot be a party to the Genocide Convention and cannot be a party to these proceedings.
- There are other bodies and processes that can address the questions of steps to be taken with respect to past atrocities against other actors.
- As a matter of law under the convention, South Africa cannot request an order from this court against Hamas.