THE HAGUE - Israel’s lawyers read their final arguments here at the International Court of Justice on Friday amid chants of “Viva La Palestina” outside. Hundreds had gathered to express their support for South Africa in bringing the case against Israel at the World Court. eNCA was at The Hague throughout.
Pretoria is suing Israel for alleged genocide in Gaza. In its 84-page submission to the ICJ it claimed that Israeli officials incited violence with the intent of destroying the Palestinians as a people and as a culture.
“The Palestinians have experienced systematic oppression and violence for the last 76 years,” South African Justice Minister Ronald Lamola said to eNCA and other media outside the Peace Palace.
Palestinian supporters who had camped outside the courtroom for two days expressed their gratitude to South Africa for what they described to eNCA as “highlighting the people’s plight”.
Just a few meters away, pro-Israel supporters had gathered with placards bearing pictures of people allegedly killed or kidnapped by Hamas. A symbolic sabbath table was set up with pictures of more than 100 Israelis who are allegedly still being held hostage inside Gaza.
Inside the courtroom, Israel’s lawyers claimed self-defense against Hamas as one of the reasons for the assault on Gaza. Malcolm Shaw, a professor of international law representing Israel argued that if the charges of genocide were leveled incorrectly, they lose all meaning. Israel says South Africa has distorted the truth during the proceedings.
South Africa has asked the ICJ for a provisional ruling essentially halting Israel’s military action in Gaza. It’s argued that evidence of Israel’s intent to commit genocide is not only “chilling” but also “incontrovertible”.
Legal experts say that provisional ruling could be issued within weeks. Though the ICJ’s rulings are binding on member states, they’re not enforceable.
Israel has asked the judges to dismiss the case entirely. Experts say either way, it could take years to reach a broader verdict on South Africa's claim that Israel has violated the Genocide Convention.
This was the first human rights treaty adopted by the United Nations General Assembly and it was designed to show the international community's commitment to ensuring genocide would never be repeated after the Second World War. It contains a requirement that all states that have ratified or acceded to the Convention prevent and punish the crime of genocide.
Israel has for years boycotted United Nations proceedings, calling them biased, but decided to defend itself here at The Hague. Political analysts believe if Israel chooses to ignore an unfavorable ruling, South Africa’s last resort will be to appeal to the UN Security Council.
Ishan Garg, at the Hague, for eNCA