South Africa initiated proceedings against Israel at the International Court of Justice for alleged crimes against humanity committed in Palestine. Photo: Said Khatib / AFP
An International law expert said he believes South Africa will win an order against Israel in its case before the International Court of Justice (ICJ) in The Hague for genocide against Palestinians in Gaza.
In a significant development last week, South Africa filed an urgent case against Israel at the ICJ accusing the state of crimes of genocide against Palestinians in Gaza.
International law expert Francis Boyle, who has argued successfully at the ICJ, said he believes “South Africa will win an order against Israel.“
“Based on my careful review of all the documents so far submitted by the Republic of South Africa, I believe South Africa will win an order against Israel to cease and desist from committing all acts of genocide against the Palestinians.
“Then we will have an official determination by the International Court of Justice itself, the highest legal authority in the United Nations system, that genocide is going on and under Article 1 of the Genocide Convention. All contracting parties of the 153 states will then be obliged to “prevent” the genocide by Israel against the Palestinians,” Boyle said.
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Israel will appear before the ICJ to contest South Africa’s accusation that it is committing genocide against Palestinians in its war with Hamas, an Israeli government spokesman said
A spokesperson for Israeli Prime Minister Benjamin Netanyahu accused South Africa of “giving political and legal cover” to Hamas’ attacks on Israel on October 7.
“The state of Israel will appear before the International Court of Justice at The Hague to dispel South Africa’s absurd blood libel,” spokesman Eylon Levy told an online briefing.
“We assure South Africa’s leaders, history will judge you, and it will judge you without mercy,” Levy added.
The ICJ has scheduled a hearing of the case that South Africa has triggered. Head of Public Diplomacy at the Department of International Relations and Cooperation (Dirco) Clayson Monyela said the hearing is set down for 11-12 January 2024 at the Hague.
Boyle added the “cease and desist” order by ICJ will also hold US President Joe Biden’s administration responsible.
“When the World Court gives the cease and desist order, against Israel, the Biden administration will stand condemned under Article Three, Paragraph Three, of the Genocide Convention that criminalises complicity in genocide.
“Clearly we know that the Biden administration has been aiding and abetting Israeli genocide against the Palestinians here for quite some time,” said Boyle.
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Monyela said Malaysia has also endorsed South Africa’s application before the ICJ against Israel more countries are expected to issue similar statements in the coming days.
South Africa’s legal team for its case to the ICJ includes: John Dugard, Max du Plessis Tembeka Ngcukaitobi, Adila Hassim, Sarah Pudifin-Jones, Lerato Zikalala and Tshidiso Ramogale among others.
South Africa’s decision to lodge a case against Israel at the ICJ comes after nearly three months of Israeli bombardment in the area following Hamas’ attack on Israel.
Following the application to the ICJ, the Presidency said the country was obliged “to prevent genocide from occurring”.
The case has also reportedly ruffled the security establishment and the state attorney’s office in Israel.
According to Haaretz, a senior legal expert dealing with the matter has in recent days warned the Israeli Defence Force (IDF) top brass, including Chief of Staff Herzl Halevi, that there is “a real danger that the court will issue an injunction calling on Israel to halt its fire, noting that Israel is bound by the courts”.
The ICJ, sometimes known as the World Court, is the United Nations’ venue for resolving disputes between states.
The death toll in Gaza has soared to over 22,185 people, about two-thirds of them women and children, while 57,000 have been injured according to the Palestinian Health Ministry.
ALSO READ: SA takes Israel to International Court of Justice accusing it of ‘genocidal acts’
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