South Africa demands that international court puts Israel on trial for genocide
The International Court of Justice in The Hague.
It had to happen sooner or later – and who more appropriate than South Africa, the last state to overthrow an apartheid regime, to demand that the International Court of Justice subject the state of Israel to a trial on a charge of genocide against Gaza?
As Dr Omar Suleiman writes in his ‘X’ post containing South Africa’s submission to the court, “No-one knows apartheid like those who fought it before.”
In its press release on the subject, the ICJ quotes South Africa’s reasons for initiating proceedings as follows:
“Acts and omissions by Israel… are genocidal in character, as they are committed with the requisite specific intent… to destroy the Palestinians in Gaza as a part of the broader Palestinian national, racial and ethnical group.”
“The conduct of Israel – through its State organs, State agents, and other persons and entities acting on its instructions or under its direction, control or influence – in relation to Palestinians in Gaza, is in violation of its obligations under the Genocide Convention.”
“Israel, since 7 October 2023 in particular, has failed to prevent genocide and has failed to prosecute the direct and public incitement to genocide.”
“Israel has engaged in, is engaging in and risks further engaging in genocidal acts against the Palestinian people in Gaza.”
Of course, we know Israel’s representatives will resist any proceedings vigorously – examples of such resistance are below – as Rabbi Alissa Wise of Rabbis for Ceasefire comments:
Israel, like any state, must be held accountable for its actions. The Genocide Convention exists for a reason.
I know many Jews aren't yet able to accept that Israel is engaging in genocide. I urge those that balk at using the term to read and consider this petition carefully. https://t.co/R6xSyubGuI
— Rabbi Alissa Wise (@AlissaShira) December 29, 2023
South Africa’s application runs to 84 pages and is, we’re told, shocking in its detail:
Link: https://t.co/FzsFmZBAJr
— JamieSW (@jsternweiner) December 29, 2023
As stated above, Israel and its apologists have already started making denials:
Israel certainly does have a case to answer. There is a huge amount of evidence available which prove Israel’s war crimes and that it is undertaking a GENOCIDE
STOP this vile nonsense of falsely calling EVERYONE who rightly criticises Israel, an antisemite or a Hamas-supporter https://t.co/avAF942o0w
— Tom London (@TomLondon6) December 29, 2023
Israeli Foreign Affairs spokesman Lior Haiat did what Israeli spokespeople often do when faced with accusations – he called it a blood libel:
The allegation that Israel’s actions constitute genocide is for the ICJ to determine without political interference.
Holding Israel to account in international law in the ICJ can never be seen as a blood libel. Israel has no right to impunity in international law.
South… https://t.co/vrZrN0mKvO
— Tayab Ali (@tayab_ali_) December 29, 2023
Haiat’s full statement reads as follows:
Israel rejects with disgust the blood libel spread by South Africa in its application to the International Court of Justice (ICJ).
South Africa’s claim lacks both a factual and a legal basis, and constitutes a despicable and contemptuous exploitation of the Court.
South Africa is cooperating with a terrorist organization that is calling for the destruction of the State of Israel.
The Hamas terrorist organization – which is committing war crimes, crimes against humanity and sought to commit genocide on 7 October – is responsible for the suffering of the Palestinians in the Gaza Strip by using them as human shields and stealing humanitarian aid from them.
Israel is committed to international law and acts in accordance with it, and directs its military efforts solely against the Hamas terrorist organization and the other terrorist organizations cooperating with Hamas.
Israel has made it clear that the residents of the Gaza Strip are not the enemy, and is making every effort to limit harm to civilians and to facilitate the entry of humanitarian aid to the Gaza Strip.
We call on the International Court of Justice and the international community to completely reject South Africa’s baseless claims.
The full response by Tayab Ali, head of international law at Bindmans and a director of the International Centre of Justice for Palestinians, runs as follows:
The allegation that Israel’s actions constitute genocide is for the ICJ to determine without political interference.
Holding Israel to account in international law in the ICJ can never be seen as a blood libel. Israel has no right to impunity in international law.
South Africa’s claim is well constructed and has a detailed factual and a legal basis. The 84 page application is available to read on the ICJ’s website.
It is never despicable and contemptuous to ask a court to make a determination where there is prima facie evidence of a crime.
South Africa is not cooperating with a terrorist organization by triggering its obligations under the Genocide convention. It is doing what all State parties to the convention are obliged to do.
Hamas should be held to account in a court of law where there is evidence it has violated international law. Collective punishment of the Palestinian people is not an acceptable option.
Israel has never been committed to international law and rarely acts in accordance with it. In 2009 a British Court determined that there was sufficient evidence to issue an Israeli politician with an arrest warrant in relation to an allegation of war crimes perpetrated by Israel in Gaza during Operation Cast Lead.
Israeli politicians have made numerous statements which the ICJ will have to consider whether they provide evidence of the intent needed for an offence of Genocide. This includes the statement made by the Israeli Prime Minister invoking biblical scripture of Amelek which has genocidal significance.
Any call to reject South Africa’s application should be done by legal submissions to the ICJ. It should be considered a contempt of court to try to pressure the ICJ to act in any way that is not independent.
This Writer trusts Tayab Ali’s response more than Lior Haiat’s assertions, which contain easily-identifiable lies as laid out above.
We await the ICJ’s official response.
In the meantime – just over the past few days, This Writer has collected a wealth of information about Israel’s misdeeds in Gaza (which is not to play down any war crimes and/or atrocities by Hamas operatives; as Tayab Ali points out, where there is evidence that Hamas has broken international law, it should be held to account in a court).
I’ll publish these in a future article.
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I read this online and, much to my pleasant surprise, the BBC news actually reported on it (very briefly) I went to the BBC website and saw another brief article on it which had Israel’s representative decrying the report as nonsense and evil and that South Africa were allying themselves with terrorists.
I followed the link in the BBC report to the document itself (I recommend everyone does so) It took me all night and the next morning to read through 84 pages of this submission. This was a painful read but very well worth it if you have the time, patience and fortitude to do so.
It takes 84 pages to even ‘summarise’ the war crimes committed by Israel. A lot of what I read was already public knowledge and has been widely reported on sites like the BBC. The actions of the government and IDF, the conditions on the ground and the result of the attacks. It also quotes the Israeli Cabinet and Military leaders (again publicly available comments) stating that they have and are going to continue committing genocide (without, obviously, calling it that)
Even though we are shocked to our core by what happened on 7th October and ever since it is easy to forget the details. Each new atrocity is freshest in our minds after all. When it is all put together and the South African government points out the relevant parts of the convention, previous cases and exactly what has happened to breach those conventions and the effects of that it is a damning case against Israel. They have simply rubbished the entire document but the facts contained in it are not disputed in themselves by Israel. It is hard to see how they could successfully defend against this in any way.
The submission calls for immediate action to prevent further instances of genocide and, as such, will be dealt with within one week of submission. It’s difficult to see how they could ignore this or in any way NOT take immediate action. The case against Israel does NOT need to be proved for this initial action. In fact no examination of facts should take place at that point. It is only required that their COULD be a case if the allegations are true for this action to be taken. I truly hope this results in SOMETHING being done. I don’t know if actions here can be vetoed or set aside by the US. Hopefully not.
This is the last chance for the world to prove it is in any way civilised and to stop the wholesale murder of civilians by the IDF and it’s cheerleaders in the Israeli Knesset and press..