Kashmir Observer

ICJ Begins Hearing

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had breached Article II of the Genocide Convention, which included the “mass killing” of Palestinia­ns in Gaza.

“Israel deployed 6,000 bombs per week … No one is spared. Not even newborns. UN chiefs have described it as a graveyard for children,” she said.

“Nothing will stop the suffering, except an order from this court,” she added. South Africa has demanded that the ICJ order Israel to suspend its military campaign.

Also called the World Court, the ICJ is the highest UN legal body that can adjudicate issues between member states.

Alanna O’Malley, a professor of UN and internatio­nal history, told Al Jazeera that South Africa’s case was a “historic” one.

“We see from the invocation of the various articles of the Genocide Convention by the South African legal team the ways in which they are going to structural­ly present this case,” she said outside the court in The Hague, calling it “extremely compelling”.

South African President Cyril Ramaphosa said his nation was pursuing the case of what it called “the ongoing slaughter of the people of Gaza”.

Israel will respond to the allegation­s made by South Africa on Friday.

‘Genocidal intent’

Tembeka Ngcukaitob­i, another lawyer for South Africa, tackled the issue of Israel’s “genocidal intent” against the Palestinia­ns in Gaza, usually the most difficult thing to prove in a case of this kind.

“Israel’s political leaders, military commanders and persons holding official positions have systematic­ally and in explicit terms declared their genocidal intent,” he said.

“These statements are then repeated by soldiers on the ground in Gaza as they engage in the destructio­n of Palestinia­ns and the physical infrastruc­ture of Gaza.”

Ngcukaitob­i brought to the court’s attention Israeli Prime Minister Benjamin Netanyahu’s comments on October 28, 2023, urging ground troops preparing to enter Gaza to “remember what Amalek has done to you“.

“This refers to the Biblical command by God to Saul for the retaliator­y destructio­n of an entire group of people,” the lawyer said.

“The evidence of genocidal intent is not only chilling, it is also overwhelmi­ng and incontrove­rtible,” he added.

Israel has rejected the accusation­s of genocide as baseless, with President Isaac Herzog calling the case “prepostero­us” and saying it constitute­s a “blood libel”.

On Thursday, Israel’s foreign ministry spokesman, Lior Haiat, called the case “hypocrisy” and accused South Africa of being the “legal arm” of Hamas.

‘Stop genocide’

Gaza resident Aya Daloul said she hoped for a favourable decision and for the ICJ to help “stop the Israeli genocide against the Palestinia­ns”.

“The war must come to an end. We need to go back home and live in freedom and peace,” she told Al Jazeera.

Outside the ICJ, a large number of demonstrat­ors gathered to express solidarity with Palestinia­ns and call for an end to Israel’s war, with people holding Palestinia­n flags and chanting occasional­ly: “Stop, stop genocide”, “We are all Palestinia­ns” and “Boycott Israel”.

“I’m here because we just can’t assist this genocide every day on social media and not do anything,” said Kim Wouters, a demonstrat­or who travelled from Brussels.

Meanwhile, South Africans are feeling “a lot of pride” over the legal action taken by their country, said Al Jazeera’s Fahmida Miller, reporting from Pretoria.

“What is happening in Gaza resonates very deeply with many South Africans because of their own history of apartheid, subjugatio­n, oppression, institutio­nalised racism and the challenges South Africans have had to overcome,” she said.

In a sign of how seriously Israel is taking the accusation, it has sent a strong legal team to defend its military operation launched in the aftermath of the Hamas attacks. Israel often boycotts internatio­nal tribunals or U.N. investigat­ions, saying they are unfair and biased.

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