Indian Time - A Voice from the Eastern Door

By Isaac White.

In a landmark case that questions the core of Israel’s national identity, South Africa has formally accused Israel of committing genocide against Palestinians. This accusation, made at the United Nations’ highest court, the International Court of Justice (ICJ), has prompted a plea for an immediate cessation of Israeli military operations in Gaza.

The case comes amid decades of tension and conflict between Israel and Palestine. Israel, a nation born from the ashes of the Holocaust, has strongly denied these accusations. In a deviation from its usual stance of disengagement with international tribunals, which Israel often criticizes as biased, Israeli officials have engaged with the ICJ to defend the country’s international standing.

South African representatives, during the opening arguments at The Hague, argued that the recent Gaza war is an extension of a longstanding pattern of oppression by Israel against Palestinians. They cited numerous alleged genocidal actions, including the large-scale killing of Palestinians, particularly children, the destruction of homes, and measures preventing access to essential health services.

The heart of South Africa’s accusation lies in the alleged violation of the 1948 Genocide Convention, a treaty both Israel and South Africa are party to. The South African legal team, led by Adila Hassim, presented a compelling case to the ICJ, stating, “The court has the benefit of the past 13 weeks of evidence that shows incontrovertibly a pattern of conduct and related intention” that amounts to “a plausible claim of genocidal acts.”

South Africa has urged the ICJ to implement provisional measures to halt further alleged crimes in Gaza. These measures are viewed as necessary to protect against “further, severe and irreparable harm to the rights of the Palestinian people under the Genocide Convention,” as argued by the South African team.

The proceedings of the ICJ, known for their meticulous nature, involve detailed written submissions and oral arguments. Legal experts anticipate that a verdict in this case could take several years. However, the decision on the urgent request by South Africa could be delivered in the coming weeks.

The case has garnered international attention and a diverse range of support. Countries such as Malaysia, Turkey, Jordan, Bolivia, the Maldives, Namibia, Pakistan, Colombia, and members of the Organization of Islamic Countries (OIC) have backed South Africa’s suit. However, the European Union has maintained silence on the matter. The United States, a staunch ally and primary weapons supplier to Israel, has refuted the allegations of genocide but emphasized the need for Israel to mitigate civilian harm and investigate humanitarian crime allegations.

Amid these developments, the Israeli response has been one of strong denial and criticism. Lior Haiat, the Israeli Foreign Ministry spokesman, denounced South Africa’s presentation as a hypocritical act, accusing the South African legal team of representing Hamas and distorting the reality in Gaza with “baseless and false claims.” This response came after South African lawyer Tembeka Ngcukaitobi insisted on the genocidal intent of Israel’s actions in Gaza, stating, “The scale of destruction in Gaza, the targeting of family homes and civilians, the war being a war on children, all make clear that genocidal intent is both understood and has been put into practice.”

The case not only challenges Israel’s actions but also touches upon deep-rooted issues related to South Africa’s own history. The African National Congress, South Africa’s governing party, has long drawn parallels between Israel’s policies in Gaza and the West Bank and South Africa’s apartheid era.

As the proceedings continue, with Israel scheduled to address the court, the tension and anticipation surrounding the case remain high. South Africa has sought to expand the case’s scope beyond the Israel-Hamas conflict. South African Justice Minister Ronald Lamola emphasized, “The violence and the destruction in Palestine and Israel did not begin on Oct. 7, 2023. The Palestinians have experienced systematic oppression and violence for the last 76 years.”

The human cost of the conflict is a central focus, with the Gaza Health Ministry reporting over 23,000 deaths in Gaza alone. South African lawyer Hassim highlighted the devastating impact on Palestinian families, stating, “Mothers, fathers, children, siblings, grandparents, aunts, cousins are often all killed together. This killing is nothing short of destruction of Palestinian life. It is inflicted deliberately. No one is spared. Not even newborn babies.”

As the ICJ deliberates, the world watches closely, understanding that the decision could have far-reaching implications for international law, the Israel-Palestine conflict, and the broader geopolitical landscape.