The First Day Of The Gaza Genocide Session At The International Court Of Justice, South Africa Values Israel Passing Limits

The first day of trial of the Gaza genocide case at ICJ. (Screenshot of YouTube Channel SABC News)

JAKARTA - South Africa assessed Israel had crossed the line in its actions in Gaza, following a Hamas group attack on the southern region of the country in October, which South Africa condemned, the country's Minister of Justice said on the first day of a genocide case trial by Israel at the International Court of Justice.

The trial, which took place in a court located in Hague, the Netherlands, scheduled the reading of the description of the case on the first day of Thursday. Meanwhile, tomorrow (Friday) Israel will defend itself.

As many as 15 judges, plus two ad hoc judges were involved in the trial this time. ICJ President Judge Joan Donoghue introduced two ad hoc judges representing each party, namely former president of the Israeli Supreme Court Aharon Barak and former Deputy Chief Justice of South Africa Dikgang Moseneke, quoted by The Times of Israel 11 January.

After taking the oath of the two ad hoc judges, Donoghue read out the accusations made by South Africa in its application by Israel based on the Genocide Convention.

Court clerks then read out the interim steps requested by South Africa to order a court to Israel, including ordering the country not to "take any steps to continue its military operations" and "stop taking any action under Article II of the genocide convention."

Justice Minister Ronald Lamola, who led the South African delegation, said Palestinians had suffered at Israeli hands since 1948.

"Violence and destruction in Palestine did not begin on October 7, they have experienced violence over the past 76 years," Lamola said.

"In the Gaza Strip since 2004 Israel has been controlling land crossings, civil infrastructure. Entry and exit to Gaza is strictly prohibited, and Israel is the only entrance," he said. However, as a pocket area also shares land routes with Egypt," he explained.

"Gaza is still considered under occupation under international law," Lamola said.

Says his country condemns attacks on Israel's southern territory, however, Lamola says violations of the convention cannot be justified.

"South Africa unilaterally condemns the targeting of civilians by Hamas and the hostage-taking on October 7, 2023. However, there are no attacks, however serious, that can justify violations of the convention both legally and legally," he explained.

"Israel has crossed this limit, and violated the convention (genocide). This is why South Africa filed this case," he said.

Meanwhile, Adila Hassim, one of the activists representing South Africa, said "Israel's actions show a systematic pattern of behavior that can be inferred as genocide," as quoted by CNN. In a 84-page filing to ICJ, South Africa cited evidence showing that Israel committed genocide by killing Palestinians in Gaza, causing serious mental and physical suffering, forced evacuation, widespread hunger, and by creating conditions that "are expected to have a bad impact on them."

Hassim discussed some of the evidence submitted by South Africa in its filing, including Israeli airstrikes in Gaza.

He said Palestinians in Gaza were "killed if they failed to evacuate, where they fled, and even as they tried to escape via a safe route declared by Israel."

Israel's murder rate was so great that there was no safe place in Gaza, he said, adding the destruction that occurred "beyond legal justification let alone humane admissible."

He also cited experts who claimed more people had died in Gaza from disease and hunger compared to Israeli airstrikes.

Meanwhile, one of the lawyers representing South Africa in this case, Tembeka Ngcukaitobi argued, South Africa "is not the only one attracting attention to Israel's genocide rhetoric towards Palestinians in Gaza."

Fifteen UN special whistleblowers and 21 UN group members have warned that what is happening in Gaza reflects the ongoing genocide and the blatant intention to destroy the Palestinian people and occupation, he said.

"Israel has the intention of committing genocide against Palestinians in Gaza," Ngcucaitobi said in court.

"The character and shape are systematic. The mass refugees of Gazans are heading to areas where they continue to be killed and intentionally create conditions that cause death to slowly become unacceptable."

Ngcucaitobi said there were "extraordinary characteristics" in this case: "Israelian political leaders, military commanders, and those holding official positions, have systematically and explicitly expressed their genocide intentions."

South Africa argues that if the International Court refuses to provide emergency action in a genocide case against Israel, then the court will "treat Palestinians differently, because they are less worthy of protection than other Palestinians."

South Africa's delegation wants the court to order an end to Israel's campaign in Gaza, something the court can decide within weeks.