South Africa's Minister of Justice Ronald Lamola (R) delivers remarks to journalists outside the International Court of Justice (ICJ) after the first day of hearing on the genocide case against Israel brought by South Africa, in The Hague on January 11, 2024. (Photo by Remko de Waal / ANP / AFP)
THE HAGUE, Netherlands: In a case that strikes at the heart of Israel's national identity, South Africa formally accused the country of committing genocide against Palestinians and pleaded Thursday with the United Nations’ top court to order an immediate halt to Israeli military operations in Gaza.
During opening statements at the International Court of Justice, South African lawyers said the latest Gaza war is part of decades of Israeli oppression of Palestinians.
The court "has the benefit of the past 13 weeks of evidence that shows incontrovertibly a pattern of conduct and related intention" that amounts to "a plausible claim of genocidal acts,” South African lawyer Adila Hassim told the judges and audience in a packed room of the Peace Palace in The Hague.
South Africa is seeking preliminary orders to compel Israel to stop its military campaign in Gaza, where more than 23,000 people have died, according to the Gaza Health Ministry.
"Nothing will stop the suffering except an order from this court,” Hassim said.
A decision on South Africa’s request for so-called "provisional measures” will probably take weeks. The full case is likely to last years.
Israel launched its massive air and ground assault on Gaza soon after the deadly Hamas attack. Three months later, the offensive has driven nearly 85% of Gaza’s population of 2.3 million from their homes. With only a trickle of food, water, medicine and other supplies entering through an Israeli siege, a quarter of the territory's residents face starvation. And much of northern Gaza, including Gaza City, has been reduced to a moonscape.
Although the court's findings are considered binding, it was unclear whether Israel would heed any order to halt the fighting. If it doesn’t, it could face UN sanctions, although those may be blocked by a US veto.
The White House declined to comment on how it might respond if the court determines Israel committed genocide.
"The scale of destruction in Gaza, the targeting of family homes and civilians, the war being a war on children, all make clear that genocidal intent is both understood and has been put into practice. The articulated intent is the destruction of Palestinian life,” said lawyer Tembeka Ngcukaitobi.
He said the case's "distinctive feature" was "the reiteration and repetition of genocidal speech throughout every sphere of the state in Israel.”
The two-day hearing continues Friday, when Israel is scheduled to address the court.
South Africa sought to broaden the case beyond the Israel-Hamas war.
"The violence and the destruction in Palestine and Israel did not begin on Oct. 7, 2023. The Palestinians have experienced systematic oppression and violence for the last 76 years,” said South African Justice Minister Ronald Lamola.
About two-thirds of the dead in Gaza are women and children, health officials in Hamas-ruled Gaza say. The death toll does not distinguish between combatants and civilians.
"Mothers, fathers, children, siblings, grandparents, aunts, cousins are often all killed together. This killing is nothing short of destruction of Palestinian life. It is inflicted deliberately. No one is spared. Not even newborn babies,” said South African lawyer Hassim.
