South Africa's groundbreaking case against Israel for its military actions in Gaza commenced on Thursday at the International Court of Justice (ICJ) in The Hague. In a striking accusation, Pretoria charges Israel with perpetrating genocide, violating the 1948 Genocide Convention.
Since October 7, Gaza's health ministry reports over 23,000 fatalities, including almost 10,000 children, marking a dire human toll.
In a three-hour presentation to the ICJ, the South African delegation, with John Dugard—an esteemed international law scholar and barrister—at the helm, portrayed the grave circumstances of Palestinians in Gaza who endure an ongoing siege, relentless Israeli aerial bombardments, and a lethal ground offensive by Israeli forces.
Although the ICJ's final judgement could be years away, the focus of this week's inaugural hearing is on South Africa's call for an urgent injunction to halt the ongoing carnage and destruction in Gaza. Specialists anticipate that an interim ruling may be delivered in the coming weeks.
Adila Hassim, an advocate for South Africa, expressed that a definitive conclusion on the genocide allegations is not required at present, but the court might determine that some actions of Israel align with the definitions set by the convention, thereby necessitating judicial intervention.
Hassim outlined five principal "genocidal acts" Israel allegedly committed during the conflict:
Mass Killings of Palestinians
She highlighted the mass eradication of Palestinians in Gaza, presenting court images of mass graves containing bodies, many unidentified. Highly destructive 2000-pound bombs were used by Israel on parts of Gaza they declared safe, said Hassim. Over 1,800 families have suffered the loss of multiple members; some have no survivors.
Bodily and Mental Harm
She described Israel's infliction of severe mental and bodily harm on the people of Gaza. Nearly 60,000 have been wounded or maimed, predominantly women and children, in an area where the health infrastructure is in collapse. Hassim recounted the arresting and transporting of numerous Palestinians, including children, bare and bound for unknown destinations.
Forced Displacement and Food Blockade
Hassim outlined Israel's imposition of inhospitable living conditions and strategies to decimate Gaza through forced displacement. She reported that hundreds of thousands are left homeless and detailed swift evacuation orders that were given to hospitals and regions in northern Gaza, impacting over a million people.
Destruction of the Healthcare System
The fourth cited genocidal act concerns the assault on Gaza's healthcare system by Israeli military forces. Hassim conveyed that the healthcare system was faltering due to years of Israeli aggression, and currently, it's overwhelmed by the need for critical treatments.
Preventing Palestinian Births
Lastly, she stated that Israel disrupts essential medical care needed for childbirth, a measure that she equates to an act of genocide. She referred to UN reports that warned of the reproductive oppression faced by Palestinian women as potential acts of genocide.
What Next?
Israel will present its defense on Friday with British attorney Malcolm Shaw leading its case. Legal specialists anticipate Israel will argue its actions were self-defense in response to Hamas's October 7 incursions—which, according to Israel, resulted in 1,139 deaths and over 200 hostages.
Israeli Prime Minister Benjamin Netanyahu criticized the South African lawsuit, accusing the prosecution of duplicity and mendacity.
Israel’s counterargument is expected to necessitate proof not only of the mass killings described as genocide but also of a deliberate intent to act thusly, argues Hassim. She mentioned statements by Israeli officials, including Netanyahu's reference to a biblical command which suggests comprehensive destruction, as indicative of such intent.
Several nations and international entities have supported South Africa's legal pursuit, among them Malaysia, Bolivia, and Turkey. Meanwhile, the United States, a pivotal ally and arms supplier of Israel, has exhibited solidarity with Tel Aviv.
As the legal proceedings opened, demonstrators voiced their alliance with both Palestinian and Israeli causes through gathered protests.
