The Hague- In a historic precedent, the International Court of Justice in The Hague held its first session yesterday, Thursday, to hear South Africa’s plea against Israel on charges of committing genocide against the Palestinian people in the Gaza Strip.
The South African legal team relied on the Israeli occupation’s violation of the 1948 Genocide Convention, which was established in the wake of the “Holocaust,” and stipulates that all countries are prevented from repeating such crimes. The team called on the United Nations Supreme Court to issue an emergency order to suspend the Israeli military campaign in Gaza. .
The lawyers pointed to the number of Palestinians who were martyred, due to the ongoing Israeli aggression on the Gaza Strip for more than 3 months, which exceeded 23 thousand people, by the time the session was held, most of whom were women and children, in addition to the displacement crisis and the lack of basic necessities of living.
A strong defense is based on evidence
The lawyers presented evidence of genocide, represented by pictures of Israeli flags placed on the rubble of civilian homes destroyed by indiscriminate bombing and mass graves of Palestinians, as well as statements by Israeli political and military leaders.
She said Lawyer representing South Africa Adila Hashem told the International Court of Justice that “Israel violated Article Two of the Genocide Convention, which included the mass killing of Palestinians in Gaza,” noting that “Israel deployed 6,000 bombs per week, and no one was spared, including newborn babies.” Presidents described United Nations Gaza in the children’s cemetery.
In an exclusive interview with Tel Aviv Tribune Net, spokesman for the South African legal team, Zane Dango, confirmed that they will formulate an immediate demand of “a ceasefire and an end to the attacks,” as well as the need for humanitarian aid to flow into the sector.
For his part, former British Labor Party leader Jeremy Corbyn praised the “impressive” file because it was “prepared with great care, and addressed what was stipulated in the Convention against Torture, which the government and the Israeli army violated,” as he put it.
Speaking to Tel Aviv Tribune Net, Corbin stated that the legal delegation touched upon “the statements made by senior politicians, including Benjamin Netanyahu, in which they made clear their intention to expel the Palestinians, and said that there are no innocent civilians in the Gaza Strip.”
The British politician, who joined the South African team, pointed to the poor humanitarian situation in the besieged Strip, saying, “The number of people now dying from diseases exceeds the number of those killed by bombs. There is a health and psychological crisis that will continue for decades to come.”
For his part, international law lawyer Tayyeb Ali, who attended the hearing, stressed the strength of the case, which shed light on the historical details that led to what we are living in today. “The importance of this lies in providing a true understanding of exactly what Israel is doing on the ground.”
According to the spokesman, the legal team presented indisputable evidence about the grave violations of international law and the destruction caused by the Israeli army to residential buildings, stopping water and humanitarian aid, and targeting hospitals, which constitute “elements of a war crime.”
“Weak pressure card”
For his part, former Tunisian President Moncef Marzouki considered that Israel’s defense would be very weak, because it would be based on two basic things. The first was “playing the victim” in what happened on October 7, and South Africa stressed that no matter how severe the attack was, this could not be the case. To be met with genocide. As for the second, it will focus on the issue of “anti-Semitism,” at a time when about 660 Israelis expressed their support for the lawsuit in an unprecedented step.
Al-Marzouqi said – to Al-Jazeera Net after leaving the International Court of Justice session – that this file “puts Israel in great embarrassment, and the judges today face a historic responsibility. If they do not take the right decision and condemn or at least request an end to the war, they will commit a crime against all of humanity.” “.
As for the lawyer and director of the International Center for Justice for Palestinians in London, Tayeb Ali, he believes that the self-defense card is an interesting concept. Under the United Nations Charter, self-defense falls under Article 51, which stipulates that the state uses it to protect itself from an aggressive state. “But the situation in Gaza is completely different, because Israel is the occupying power, and the Palestinians are the ones defending themselves,” according to the spokesman.
Therefore, he does not rely on the fact that what happened on October 7, “no matter how heinous or bad,” justifies what Israel has done over the past months, describing the Israeli aggression as a “retaliatory response.” Here he asked, “How would it be logical or rational to respond to the killing of 1,200 people – when we know that the number is less than that – by exterminating 27,000 people?”
Israel’s supporters are in trouble
Although Israel continues to gain votes in support of its ongoing aggression against the Gaza Strip, spokesman for the South African legal team, Zane Dango, insisted that the text of the lawsuit is strong, and if the case is won, “Israel will be obligated to respect international law under Article Nine,” he said. .
He expressed his hope that the parties supporting the occupying state would contribute to implementing the court’s decision, including stopping supplying it with weapons, “because this also means, in essence, that these countries are aiding and inciting an internationally illegal act.”
In a related context, former British Labor Party leader Jeremy Corbyn believes that the United States, Britain and European countries can make a very big difference quickly to end the current war, and he indicated that US President Joe Biden signed an order to deliver more weapons to Israel, and Britain did the same. “But if they stop this supply chain, Israel will not be able to continue bombing civilians in the Gaza Strip.”
Lawyer in international law, Tayyeb Ali, considered that the continuation of these countries in supporting the act of genocide will lead them to involvement and complicity in the crime, under Article (25) of the Rome Statute, and therefore, “providing them with weapons and military equipment to carry out their activities or even encouraging them is a war crime.” “, according to the spokesman.
Ali added, “These countries must be very careful, because two organizations in London, for example, are investigating politicians individually in the United Kingdom for their role in complicity in war crimes, and they may find themselves before the court, as happened with Israel.”
For his part, Al-Marzouqi welcomed South Africa’s courage “because it was able to overcome all obstacles, whether from lobbies or countries,” not ruling out the impact that the support of the United States and other countries for Israel may have on the course of the case and the decision of the International Court of Justice.
