WATCH: ‘Israel’s attack on Gaza beyond the fight against Hamas’ – Ngcukaitobi

“Israel’s attack on Gaza extends beyond the fight against Hamas but is “embedded in the fabric of Palestinian life in Gaza.”

These were the arguments of Advocate Tembeka Ngcukaitobi before the International Court of Justice (ICJ) in South Africa’s case genocide case against Israel at the Hague on Thursday.

South Africa has asked the court to issue several orders, including for Israel to “immediately suspend” its Gaza offensive; to stop forced displacement; to enable humanitarian access to thousands of displaced Palestinians; and to preserve evidence.

Watch Advocate Tembeka Ngcukaitobi arguing South Africa’s genocide case against Israel

[WATCH] Adv Tembeka Ngcukaitobi tells the #InternationalCourtofJustice that Israel’s attack on Gaza extends beyond the fight against Hamas but is “embedded in the fabric of Palestinian life in Gaza”.#Newzroom405 pic.twitter.com/7HCLdpZ33Q

— Newzroom Afrika (@Newzroom405) January 11, 2024

Destroying Gaza

Ngcukaitobi argued the most challenging element of a genocide charge against Israel is evidencing the specific intent to destroy, in whole or in part, a specific people.

“You must remember what Amalek has done to you, says our Holy Bible. And we do remember.” ‘

Ngcukaitobi said these comments show genocidal intent.

“We remind the court of the authority and identity of the genocidal inciters: the prime minister, the president, the minister of defence, the minister of national security, the minister of energy and infrastructure, members of the Knesset [Israeli Parliament], senior army officials, and foot soldiers.

“Genocidal utterances are, therefore, not out in the fringes, they are embodied in state policy. The intent to destroy is plainly understood by soldiers on the ground. They were recorded by journalists dancing and singing, Ngcukaitobi argued.

ALSO READ: SA genocide case against Israel underscores ‘very essence of our shared humanity’

Genocidal intent

Ngcukaitobi argued that any suggestion Israeli officials didn’t mean what they said or were misunderstood, should be rejected by this court.

“The evidence of genocidal intent is not only chilling, it is also overwhelming and incontrovertible.”

Ngcukaitobi said the scale of the destruction in Gaza, the mass targeting of homes and civilians, the war being a war on children, all make it clear that genocidal intent is both understood and is being put into practice.

“The articulated intent is the destruction of Palestinian life in all its manifestations… As we stand today, 1% of the total population in Gaza has been systematically decimated; 1 in 4 Gazans has been injured since 7 October…”

“The intentional failure of the Israeli Government to condemn, prevent and punish such genocidal incitement constitutes in itself a grave violation of the Genocide Convention,” Ngcukaitobi said.

Israel aware

Ngcukaitobi said Israel is aware of its destruction of Palestinian life and infrastructure and despite that knowledge, it has maintained and “indeed intensified its military activity in Gaza.”

Earlier, South African advocate Adila Hassim said South Africa’s genocide case against Israel underscores the “very essence of our shared humanity”.

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