In a dramatic development at the United Nations’ top court, South Africa has leveled accusations against Israel, alleging genocide in Gaza. The South African delegation urged the court to urgently intervene and order Israel to cease its military operations in the region. Israel has vehemently denied these allegations.
South African lawyers argued that the recent conflict in Gaza is just one part of a long-standing pattern of oppression against the Palestinian population by Israel. These claims were met with strong denial from Israeli representatives, even before the opening arguments commenced at the UN court in The Hague.
During the proceedings on Thursday, South African legal representatives implored the judges to issue binding preliminary orders on Israel, including an immediate cessation of its military campaign in Gaza. Adila Hassim, a South African lawyer, emphasized, “Genocides are never declared in advance, but this court has the benefit of the past 13 weeks of evidence that shows incontrovertibly a pattern of conduct and related intention that justifies as a plausible claim of genocidal acts.”
Hassim further stressed the urgency of the situation, saying, “Nothing will stop the suffering except an order from this court. Without an indication of provisional measures, the atrocities will continue, with the Israeli Defence Force indicating that it intends pursuing this course of action for at least a year.”
The courtroom was filled with tension as pro-Israeli protesters marched near the courthouse, carrying banners that read “Bring them home,” referring to hostages held by Hamas. In contrast, others outside the court demonstrated in support of South Africa, waving Palestinian flags.
This dispute strikes at the heart of Israel’s identity as a Jewish state, established in the aftermath of the Holocaust. It also resonates with South Africa’s own history, with the African National Congress drawing parallels between Israel’s policies in Gaza and the West Bank and South Africa’s apartheid regime, which ended in 1994.
Despite Israel’s usual skepticism towards UN and international tribunals, it has assembled a robust legal team to defend its military operation initiated after the October 7 attacks by Hamas.
South Africa sought to broaden the scope of the case, highlighting the long-standing history of violence and oppression in the region. Justice Minister Ronald Lamola stated, “The violence and 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.”
Vusimuzi Madonsela, co-leader of South Africa’s delegation, emphasized that these allegations are part of a continuum of illegal acts against Palestinians since Israel’s declaration of independence in 1948.
In response to these accusations, Israeli Prime Minister Benjamin Netanyahu issued a video statement, asserting that Israel’s actions had nothing to do with genocide. He stated, “Israel has no intention of permanently occupying Gaza or displacing its civilian population. Israel is fighting Hamas terrorists, not the Palestinian population, and we are doing so in full compliance with international law.”
The courtroom session saw South Africa urging the court to issue an interim order for an immediate halt to Israel’s military actions. A decision on this matter is expected to take several weeks.
According to the Health Ministry in Gaza, Israel’s offensive has resulted in the deaths of over 23,200 Palestinians, with approximately two-thirds of the casualties being women and children. The death toll does not differentiate between combatants and civilians.
Adila Hassim concluded, “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.”
The situation in Gaza has led to severe humanitarian challenges, with Palestinians struggling to find food, water, medicine, and basic facilities. Last week, the UN humanitarian chief described Gaza as “uninhabitable,” and warned of impending famine.
While Israel has been steadfast in focusing attention on the October 7 attacks by Hamas, in which they allege that Hamas fighters stormed Israeli communities, killing around 1,200 people, primarily civilians, and abducting around 250 others, almost half of whom have since been released.
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