The first session of Israel’s trial on charges of “committing genocide in the Gaza Strip”, which South Africa filed before the International Court of Justice, ended today, Thursday, demanding an end to the Israeli war on Gaza.
In the 84-page lawsuit, South Africa states that Israel failed to provide basic food, water, medicine, fuel, shelter and other humanitarian assistance to the residents of the Strip.
The president of the court, American Judge Joan Donoghue, read out a list of procedural issues that the court will take in considering the case, with the participation of two judges from South Africa and Israel, in order to ensure integrity and transparency, as she put it.
Although the rulings of the International Court of Justice are final and not subject to appeal, there is no way to implement them or oblige them to be respected, but issuing a ruling against Israel would set a legal precedent, deepen Israel’s isolation, and harm its reputation internationally.
This is the first time that Israel has accepted to appear before the International Court of Justice after it refused in 2004 to attend litigation proceedings regarding the procedures of the apartheid wall in the West Bank, and then ignored the final ruling, citing its lack of recognition of the court’s authority.
According to media reports, the South African side is represented in the case by lawyers led by South African international law professor John Dugard, while the Israeli side will be represented by British lawyer Malcolm Shaw.
The court, which is the main judicial body of the United Nations, is expected to decide later how its deliberations in this case will proceed. But we are trying to trace the expected chronology of the trial sessions.
- On December 29, South Africa filed an 84-page lawsuit, presenting evidence that Israel, the occupying power, violated its obligations under the United Nations Charter, and was involved in “committing acts of genocide against the Palestinian people in the Gaza Strip.”
- During the first session today, Thursday, January 11, 2024, the court heard the argument of the South African legal team, which said that “the intention to commit genocide is present at all political and military levels in Israel.”
- Tomorrow, Friday, the court will hold the second and final hearing in which Israel’s legal team will present its defenses in the accusations filed against Tel Aviv.
- In accordance with the precautionary measures, the court should first consider whether it has jurisdiction to hear the case, and whether the actions of which Israel is accused violate the Genocide Convention.
- The court, composed of 17 judges – including two judges representing South Africa and Israel – will consider the accusation that Israel has committed genocide in Gaza and set the dates for the start of the trial, as well as the dates for deciding on the temporary (emergency) measures requested by South Africa in order to protect the Palestinians in Gaza, including the cessation of operations. Military and allowing the “forced” return of displaced persons and the immediate entry of humanitarian aid.
Since October 7, 2023, the Israeli army has been waging a devastating war on Gaza that, as of Wednesday, has left 23,357 martyrs and 59,410 injured, most of them children and women, and “massive destruction of infrastructure and an unprecedented humanitarian catastrophe,” according to the Gaza Strip authorities and the United Nations.