South Africa has invoked the Genocide Convention against Israel over Gaza

[HeidiInTheBigCity]

The entire filing is 84 pages long and, frankly, took me several hours to read - it's well worth the effort, though, in that it is rather (painfully at times) clinical and devastating in equal measure: https://www.icj-cij.org/sites/default/files/case-related/192/192-20231228-app-01-00-en.pdf

Go, South Africa!

It might not male that much of a difference in the short term - but: to see the former victims of Apartheid take the lead on the world stage, and offer support (the way they - after multiple decades of campaigning and pressure ... it's not as though world leaders hated Apartheid South Africa "by default") is just ... a little spark of light within the darkness!

Thank you @Desertrose2023 that's interesting

Staker focuses on provisional measures that South Africa has called for

The ICJ will rule on these provisional measures in a few weeks which could potentially lead to a pause in the war.

“Can provisional measures require a state to refrain from exercising a plausible right to defend itself?” Staker asked the court.

He lists several reasons why Israel believes there should not be these provisional measures. Here is a short summary of his main points:

• Hamas is considered a terrorist organisation by Israel and some other countries
• On October 7, Hamas committed “a large-scale terrorist attack” on Israel
• Israel’s military operation is a right to defend itselfIsrael is committed to complying with international humanitarian law
• This is not a case where provisional measures could require both parties to a conflict to exercise mutual restraint as Hamas intends to carry out continuing attacks against Israel and its citizens
• Provisional measures would deprive Israel of the ability to contend with the security threat against it
• Such measures would end attempts to rescue captives from Gaza
• A suspension of military operations would give Hamas more time to build its capabilities, enabling it to pose an even greater threat

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Israel’s deputy attorney general speaks

Gilad Noam, Israel’s deputy attorney general, has started his speech as the second day of the ICJ trial winds down.

He says South Africa has failed to show that “provisional measures” should be put in place to protect Palestinians in Gaza from further harm.
More on this to come.

Noam’s opening comments

Israel’s deputy attorney says South Africa has failed to make the case for provisional measures.
He lists the following reasons:

• The applicant has not shown any dispute between Israel and South Africa and tried to mislead the court into thinking it existed.
• The applicant failed to meet the conditions of plausible right to be protected in the current circumstances.
• The events which are the subject of these proceedings are occurring in the framework of a war instigated by Hamas, governed by the legal framework of international humanitarian law. They do not fall within the remit of the Genocide Convention.

Final words from Noam

Before wrapping up his presentation, Noam claims that the standards needed to apply provisional measures – “irreparable harm and urgency” – are not met because

Israel has taken steps to address the humanitarian crisis in Gaza.

He added that Israel has met all its legal obligations and that each of the nine provisional measures sought by South Africa are “unwarranted and prejudicial”.
“In contending with its challenges, Israel remains committed to abiding by international law”, said Gilad.

Sitting has now ended

Here's the latest Guardian report

Israel hits back at 'distorted' genocide case

Tal Becker, the Israeli foreign ministry’s legal adviser, told the International Court of Justice (ICJ) today that South Africa’s genocide case is “profoundly distorted.”

He said:

The applicant has now sought to invoke this term in the context of Israel’s conduct in a war it did not start and did not want – a war in which Israel is defending itself against Hamas, Palestinian Islamic Jihad, and other terrorist organisations whose brutality knows no bounds.

The civilian suffering in this war, like in all wars, is tragic. It is heartbreaking. The harsh realities of the current hostilities are made especially agonising for civilians given Hamas’ reprehensible strategy of seeking to maximise civilian harm to both Israelis and Palestinians, even as Israel seeks to minimise it.

But as this court has already made clear, the genocide convention was not designed to address the brutal impact of intensive hostilities on the civilian population, even when the use of force raises, quote, very serious issues of international law and involves enormous suffering and continuing loss of life, end quote.

The convention was set apart to address a malevolent crime of the most exceptional severity.

We live at a time when words are cheap. In an age of social media and identity politics, the temptation to reach for the most outrageous term to vilify and demonise, has become for many irrisistable.

But if there is a place where words should still matter, where truth should still matter, it is surely a court of law.

The applicant has regrettably put before the court a profoundly distorted factual and legal picture.

A bit more from the Guardian

Speaking at the ICJ, a lawyer for Israel said the events of October 7 were “all but ignored in the applicant’s submissions.”

Tal Becker said:

We are compelled to share with the court some fraction of its horror, the largest calculated mass murder of Jews in a single day since the Holocaust.

We do so not because these acts, however sadistic and systematic, release Israel of its obligations to uphold the law as it defends its citizens and territory. That is unquestionable.

We do so because it is impossible to understand the armed conflict in Gaza without appreciating the nature of the threat that Israel is facing, and the brutality and lawlessness of the armed force confronting it.

To add to this, ANC had a terrorist wing known as MK. Nelson Mandela was a co-founder of MK.

You may or may not be surprised to note that ANC/MK has links with PSF/PIRA. I've detailed months ago how Mandela never renounced the violence of MK and how he supported PIRA keeping their weapons until they got what they always wanted.

The international community, quite rightly, condemned Mandela for this, especially as it was at a still sensitive point in the Northern Ireland peace process.

So, the links between ANC/MK and multiple terrorist groups have long been there. Not to mention the links to dictatorships, e.g., Castro and Gaddafi.

Libya under Colonel Gaddafi too had links with terrorist groups, including PIRA.

The international terrorist network comprised of PIRA, Hamas and several others.

Of course, there's the concentration camps ANC/MK set up which abused, tortured and murdered people. Including black South Africans.

And a bit more

''Here is more from Israeli legal adviser Tal Becker’s arguments at the International Court of Justice:

If there have been acts that may be characterised as genocidal, then they have been perpetrated against Israel.

If there is a concern about the obligations of states under the Genocide Convention, then it is in relation to their responsibilities to act against Hamas’ proudly declared agenda of annihilation, which is not a secret and is not in doubt.

I saw reference to a study online which analyzed past decisions and found that historically the ICJ judges mostly tend to follow the position of the states that appoint them. So my expectation is that despite the overwhelming legal case for genocide they’ve put forward, SA is unlikely to get the votes needed given the current make up of the panel of judges. Again, really hope I’ll be proved wrong and the case is decided on the merits but let’s see!

https://www.dailymail.co.uk/news/article-12955695/Israel-October-7-Hamas-court-genocide-case-South-Africa.html

@Desertrose2023 there's an overlap between nations taking part in the Houthi retaliation and those represented on the judges panel - so yes probably a foregone conclusion for the poor benighted civilians of gaza

even if SA win it won’t make a practical difference as Israel and the US will ignore any orders. I do think we’ve finally seen the tide turn though. Whatever the outcome it’s monumental that Israel is finally being made to answer in a court of law for its actions. Win or lose, its name will forever be associated with a genocide case and so many people are now better informed about the Palestinian struggle and what they’ve endured. that is a good thing.

And last bit because 'things to do'

In a statement after the end of today’s hearing at the International Court of Justice, Israeli foreign minister Israel Katz said in a statement that the country’s delegation “revealed the true face of South Africa as the loyal representative of a terrorist organisation that inhumanely slaughtered babies, children, women and the elderly.”

He added: “When it comes to Israel, it seems that the double standards of some of the world’s countries are shockingly blatant. South Africa’s claims against Israel are baseless. On the contrary, no evidence was presented, except that of an unparalleled defensive and moral war. South Africa itself violates the Genocide Convention by supporting the Hamas terrorist organization, which calls for the elimination of the State of Israel.”

https://www.thejc.com/news/world/us-senator-tells-south-africa-to-sit-this-one-out-after-israel-genocide-accusation-m3taftnq

Thanks for the updates @Efacsen. Infuriating rhetoric and blatant hypocrisy although not unexpected from Israel.
"inhumanely slaughtered babies, children, women and the elderly.”
Yes that's what you are doing to the Palestinians and have been for well before October 7.

Thank you for all the updates.
I think Israel chose a defence that will require the ICJ to direct the UNHCR to set up a fact finding UN Mission to establish the facts. Because what we have seen presented to the court are two competing sets of purported facts.

The strategy is to deny everything and put up alternative facts, even for that which you know is true like the statements of genocidal intent, because a UN fact finding mission will take years and years to complete and then be filed away with no action taken.

And with the facts disputed, how can the ICJ issue a preliminary ruling that will order the cessation of the war? No, they will issue an order to establish a UN fact finding mission. That kicks all this in the long grass without agreeing that South Africa is a pawn of Hamas or agreeing that Israel is not violating international law.

Of course, Israel will refuse to cooperate with the UN fact finding mission and this whole case will languish as unfinished business just like the earlier ones from 2009, 2014 and 2021.

I can’t believe that part of their defence is to discredit South Africa’s motives, this has no bearing on their own actions. There isn’t a country in the world that has an entirely clean slate!
As for saying words are cheap, well yes I realise this because they have already been weaponised to suggest that anyone who doesn’t agree with the actions of the Israeli government support Hamas. Their definition of a terrorist is now so wide, there must be very few people who fall outside of it.
I realise that even if SA win this case then it may have little bearing on Israel’s subsequent action, but I worry that if they don’t, then on top of almost condoning what’s been happening, there will be an increasingly violent push back from different parties. If the rules don’t apply, then why should people follow them. That is not what I personally believe, it is simply my perception of how events may unfold.
Can’t be bothered to comment on all the other points, it’s painful, and I have nothing new to add.
I’m sorry to everyone who is suffering because of this war, especially those people who are treated as if they are disposable. You have just as much right to exist as anybody else.

I can’t believe that part of their defence is to discredit South Africa’s motives, this has no bearing on their own actions.

Exactly @PeasfullPerson. It doesn't absolve anything they've done. It's the age old tactic to discredit the opposing party if you can't prove your innocence because you're guilty.

That seems to be the go-to response when a state or representatives of a state criticise Israel. There were people on mumsnet suddenly very upset about Ireland remaining neutral during the Second World War when the Irish PM called for ceasefire. And an Israeli Minister (Amihai Eliyahu) made the comment about nuking Gaza or sending the Gazans to Ireland around that time too. Bonkers.

“revealed the true face of South Africa as the loyal representative of a terrorist organisation that inhumanely slaughtered babies, children, women and the elderly.”

The South African government does have a cordial relationship with Hamas though - that is true.

Thanks all for the updates

Even if they do, it doesn't take away from the fact that Israel have committed so many atrocities. Israel need to accept accountability for their actions.

I think even the Israeli government knows doing this in full view of the world would not go down well with the USA, who they depend on. Instead, they just achieving it slowly.
The Israeli government have made their intentions clear on numerous occasions about Gaza.
So very glad that SA have decided to expose them.