UN court holds public hearings on genocide case against Israel

The International Court of Justice (ICJ) concluded on Friday its two-day public hearings here on South Africa's genocide case against Israel and demand for the court's urgent intervention to stop Israel's military operation in Gaza, reported Xinhua.

On Thursday, during the hearing held at the Peace Palace, the seat of the ICJ in The Hague, the South African side accused Israel of the "deliberate" and "systemic" genocide against the Palestinians in the Gaza Strip by citing reports and data from the United Nations and other international agencies, and representing video evidence.

"The Palestinians have experienced systematic oppression and violence for the last 76 years," South African Justice and Correctional Service Minister Ronald Lamola told the judges.

South African lawyer Adila Hassim delivered a detailed argument over Israel's "genocidal intent," saying that "For the past 96 days, Israel has subjected Gaza to what has been described as one of the heaviest conventional bombing campaigns in the history of modern warfare."

She said: "23,210 Palestinians have been killed by Israeli forces during the sustained attacks over the last three months. At least 70 percent of whom I believed to be women and children. Some 7,000 Palestinians are still missing, presumed dead under the rubble."

"It's my task to address the court on the genocidal acts that have led to this urgent request for provisional measures" against Israel's violation of the convention, said Hassim, referring to the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention).

"The actions show a systematic pattern of conduct from which genocide can be inferred," she added.

Tembeka Ngcukaitobi, also a South African lawyer, said that "Israel has a genocidal intent against the Palestinians in Gaza, that is evident from the way in which Israel's military attack is being conducted."

Since Oct. 7, 2023, 1 percent of the Palestinian population in Gaza has been "systematically decimated," and one in four Gazans have been injured, he said. "These two elements alone are capable of evidencing Israel's genocidal intent in relation to the whole or part of the Palestinian population in Gaza."

To protect Palestinians from "further, severe and irreparable harm," the South African side demanded that the court should "indicate provisional measure" for Israel to "immediately suspend its military operations in and against Gaza" and refrain from all actions that endanger the Palestinians in Gaza.

On Friday, Israeli representatives argued that Israel's military operation in Gaza was an act of self-defense and denied South Africa's genocide accusation.

Israeli lawyer Tal Becker stressed that South Africa has "regrettably engaged in a transparent attempt to abuse" the Genocide Convention's compulsory jurisdiction mechanism.

The UN court "lacks jurisdiction" to consider the "provisional measure phase of proceedings," he said, calling on the court to dismiss South Africa's request for an order to stop its military campaign in Gaza.

On Thursday night, Israeli Prime Minister Benjamin Netanyahu issued a video statement, slamming South Africa over the accusation. He said Israeli army is doing everything to avoid harming civilians during its operations.

This is his second statement in less than 24 hours. On Wednesday night before the ICJ hearing, Netanyahu also published a statement in English, emphasizing that Israel has no intention of permanently occupying Gaza or displacing its civilian population, and Israel is acting in full compliance with international law.

As the principal judicial organ of the United Nations, the ICJ was established by the UN Charter in June 1945 and began its activities in April 1946. The court is composed of 15 judges elected for a nine-year term by the General Assembly and the UN Security Council.

According to the Statute of the International Court of Justice, the ICJ has the power "to indicate, if it considers that circumstances so require, any provisional measures" while resolving legal disputes submitted by countries. Its judgment is final and without appeal.