This Friday, Israel started defending itself earlier than the Worldwide Court docket of Justice, the very best court docket of the United Nations primarily based in The Hague, Netherlands, towards South Africa’s lawsuit accusing the Israelis of their actions genocide for its navy operations towards the Gaza Strip in response to the Hamas terrorist assaults on October seventh.
South African attorneys made their arguments for hours on Thursday, accusing Israel of violating the U.N. conference towards genocide and calling for precautionary measures for Israel to cease the bombings that reportedly killed greater than 22,000 individuals, greater than half of them ladies youngsters.
This Friday, Israeli officers claimed that their nation “doesn’t search to destroy the Palestinian individuals” and They accused South Africa of submitting a grievance that doesn’t keep in mind the fact of what’s taking place in Gaza. One of many Israeli attorneys, Tal Becker, stated South Africa had “sadly offered the court docket with a very distorted factual and authorized framework.”
That lawyer stated the accusation was primarily based on “a intentionally organized, decontextualized and manipulative description of the fact of present hostilities.”
South African attorneys stated on Thursday that Israel was executing “A behavioral mannequin This justifies a believable accusation of genocide.” The curiosity of South Africa (it’s the first nation on the earth to denounce Israel for this battle) is because of the truth that the African Nationwide Congress, the celebration in energy, has supported the Palestinian trigger since supported for many years.
![This Friday a march took place in front of the Hague court to demand the release of the hostages who have been in the hands of Hamas terrorists since October 7th. Photo: AP](https://www.clarin.com/img/2024/01/12/yNmAWP_ts_720x0__1.jpg)
“Defensive Conflict”
Lawyer Becker reported on the Hamas assaults on October seventh. He defined that the terrorists “tortured youngsters in entrance of their mother and father, tortured mother and father in entrance of their youngsters, burned, raped and mutilated individuals.”
That is what the lawyer stated The Israeli response was an act of self-defense that it was not geared toward attacking civilians and that “Israel is in a defensive conflict towards Hamas, not towards the Palestinian individuals.”
He later defined that Israel’s navy operations “will not be geared toward destroying a metropolis, however at defending a metropolis of its personal that’s below assault from a number of fronts.”
Israel argues that the variety of civilian casualties was resulting from Hamas utilizing them as human shields and hiding in civilian locations corresponding to colleges and hospitals.
The South African accusation
South African lawyer Adila Hassim stated on Thursday that “genocides are by no means declared upfront, however this court docket has proof from the final 13 weeks that irrefutably exhibits a sample of habits and related intent that justifies a believable declare of genocidal acts.”
The brutality of the Hamas assault, South African attorneys declare, doesn’t justify what South Africa sees as an Israeli response exterior of worldwide legislation and “a transparent genocidal intent whose articulated intent is the destruction of Palestinian life.”
![The South African delegation speaks to the press at the International Court of Justice in The Hague. Photo: REUTERS](https://www.clarin.com/img/2024/01/12/a4lQ0s96b_720x0__1.jpg)
Throughout her argument on Thursday, Irish human rights lawyer Blinne Ni Ghralaigh, appointed by the South African authorities for the case, stated that “some may say that even the popularity of worldwide legislation, its skill and willingness to guard all peoples on the earth.” That’s precisely what’s at stake.”
In response to the Israeli authorities, South Africa’s grievance is “one of many biggest demonstrations of hypocrisy in historical past.”
The Worldwide Court docket of Justice might announce in weeks whether or not it is going to impose precautionary measures as requested by South Africa (stop navy operations) after which proceed the investigation into the genocide grievance.
The choices of this court docket are ultimate and legally binding on all member states of the United Nations. The issue is that if governments do not respect them, you don’t have any instruments to implement them. In 2004, the court docket dominated that the Israeli wall within the West Financial institution was unlawful and ordered its demolition. However 20 years later, it is nonetheless rising.
The ICJ’s 15-judge panel was expanded to 17 to incorporate an Israeli decide (Aharon Barak, former president of the Supreme Court docket) and a South African decide (Dikgang Moseneke, former vice-president of the Constitutional Court docket). Clarín incorrectly reported yesterday that Barak was the Israeli aspect’s predominant lawyer.
This place is represented by British lawyer Malcolm Shaw, an skilled in litigation earlier than this court docket. The top of the South African group is John Dugard, former UN rapporteur on human rights within the occupied Palestinian territories and an skilled in worldwide legislation.