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South Africa's cases against Israel in the International Court of Justice

  • International
  • Lead News
  • 12 January, 2024 11:34:41

Photo: Collected

International Desk: South Africa filed a case against Israel at the International Court of Justice (ICJ) in The Hague on December 29, accusing it of genocide in Gaza. The two-day hearing started yesterday from Thursday. According to the Palestinian Ministry of Health, which is run by the Palestinian independence organization Hamas, Israel attacked Gaza and killed 23,000 of its citizens, including 10,000 children.

According to international law, killing or inflicting physical and psychological harm on members of a group, causing partial or total destruction, preventing the birth of new human children and turning them into refugees are considered to be acts of genocide. Israeli forces are doing these things in Gaza. Therefore, South Africa has accused them of committing genocide. South Africa has requested the International Court of Justice to stop Israel using "provisional measures" as soon as possible.

Basically, if there is danger of damage, the destruction can be stopped early with this emergency order. In this case, for the safety of the Palestinians, Israel, which violates the Genocide Convention, should not get impunity, which is also the demand of South Africa. Meanwhile, Israel's Prime Minister Benjamin Netanyahu rejected South Africa's accusations, saying, South Africa, we are not responsible for the genocide, Hamas is responsible. They would kill all of us (Israel) if they could.

Rather, the IDF (Israel Defense Forces) is acting as ethically as possible. President Isaac Haryog also considers this case as "absurd" and this accusation is equivalent to "blood libel". The death of 23,000 people in Gaza has been done by Israel in "self-defense". Last Tuesday, Haryog told British Foreign Minister Anthony Blinken to defend themselves according to international humanitarian law. This is our rightful move. After World War II, the International Court of Justice (ICJ) was established in The Hague, Netherlands, when the United Nations was formed.

This court works to settle disputes between independent states and provide legal advice to various international organizations. There is history behind the South African government's long-standing solidarity with the Palestinian people. Their solidarity with the Palestinian struggle runs parallel to South Africa's long struggle against apartheid. The country criticized the October 7 attack, demanding the release of the hostages.

South African President Cyril Ramaphosa said that we have gone to the International Court of Justice against the massacre of the people of Gaza. Once we had to take the bitter taste of discrimination, racism, casteism and state-sponsored violence; So we know clearly, we stand on the right side of history. The initial steps would only last a few weeks, so whether for or against South Africa; The court is expected to give a verdict within a few weeks. But in case of main case it will take much more time.

ICJ judicial proceedings are a lengthy process. Legal representatives on behalf of states are required to submit detailed written reports after oral arguments. As a result, it may take three to four years to get an order in the case. Several countries have sided with South Africa. Malaysia, Turkey, Jordan, Bolivia, Maldives, Namibia, Pakistan, Colombia and the member states of the OIC are on this list.

The European Union is silent on this, but Israel is getting the support of its longtime supporter and arms supplier America. According to State Department spokesman Matt Miller, there is no evidence that Israel is committing genocide. But they have to take responsibility for providing security to civilians and investigating crimes against humanity.

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