Hearing of South Africa’s genocide case against Israel ongoing

The hearing in South Africa’s genocide case against Israel kicked off at 09:00 GMT with Ronald Lamona, South Africa’s justice minister, delivering the opening remarks at the ICJ.
Joan Donoghue, current president of the ICJ, introduced South African Judge Dikgang Ernest Moseneke and Israeli Judge Aharon Barak, who have both took oaths as ad hoc judges for this case. In total, nine points have been raised by South Africa, the first point being that Israel should immediately suspend its military operations in Gaza.
Opening the speech, Vusimuzi Madonsela, ambassador of South Africa to the Netherlands, said, “I wish to express my gratitude to the court for convening this hearing on the earliest possible date to entertain South Africa’s requests for the indication of provisional measures in this matter in our application,” he added, “South Africa has recognised the ongoing Nakba of the Palestinian people through Israel’s colonisation since 1948.”
“At the outset, South Africa acknowledges that the genocidal acts and permissions by the State of Israel inevitably form part of a continuum of illegal acts perpetrated against the people, Palestinian people since 1948. The application places Israel’s genocidal acts and omissions within the broader context of Israel 75-year apartheid, 56-year occupation and 16-year siege imposed on the Gaza Strip.”
Delivering the opening statement, Ronald Lamola, South Africa’s justice minister, said, “In extending our hands ... to the people of Palestine, we do so in full knowledge that we are part of a humanity. These were the words of our founding president Nelson Mandela, this is the spirit in which South Africa acceded to the Convention on the Prevention and Punishment of the Crime of Genocide in 1998. This is the spirit in which we approach this court as a contracting party to the convention. This is a commitment to all, to the people of Palestine and Israelis alike.”
He added, “The violence and the destruction in Palestine and Israel did not begin on October 7, 2023. The Palestinians have experienced systematic oppression and violence for the last 76 years, on October 6, 2023, and every day since October 7, 2023. In the Gaza Strip, at least since 2004, Israel continues to exercise control over the airspace, territorial waters, land crossings, water, electricity and civilian infrastructure, as well as key government functions.”
Speaking about Israel’s response on October 7, he said, “No armed attack on a state territory, no matter how serious, even an attack involving atrocity crimes, can provide justification for or defence to breaches to the convention whether it’s a matter of law or morality. Israel’s response to the October 7 attack has crossed this line and given rise to the breaches of the convention.”
“Faced with such evidence and our duty to do what we can do to prevent genocide, as contained in Article 1 of the Convention, the South African government initiated this case,” he concluded.
Adila Hassim, who is an advocate representing South Africa’s case, took over the floor reiterating that this case underscores the very essence of our shared humanity as expressed in the preamble to the Genocide Convention.
“South Africa contends that Israel has transgressed Article 2 of the convention by committing actions that fall within the definition of genocide. The actions show systematic patterns of conduct from which genocide can be inferred,” she said.
Explaining the situation in Gaza, Hassim continued by saying that the “first genocidal act is mass killing of Palestinians in Gaza” while showing photos of mass graves where bodies were buried, “often unidentified”.
“Israel deployed 6,000 bombs per week. At least 200 times, it has deployed 2,000-pound (907kg) bombs in southern Gaza, which it designated safe. No one is spared. Not even newborns. UN chiefs have described it as a graveyard for children.”
Tembeka Ngcukaitobi, the second lawyer representing South Africa, added, “Israel’s political leaders, military commanders and persons holding official positions have systematically and in explicit terms declared their genocidal intent,” continued Ngcukaitobi, “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.”