Professor Vaughan Lowe is representing SA against Israel at the ICJ. Photo: X/@NabilAlNashar
Professor Vaughan Lowe has told the International Court of Justice nothing can ever justify genocide, no matter how great the threat to Israeli security may be.
Lowe was part of South Africa’s legal team taking on Israel in the Gaza genocide case being heard in The Hague.
South Africa has asked the ICJ 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.
Lowe said prohibition on genocide is an absolute, peremptory rule of law.
“Nothing can ever justify genocide.
“No matter what some individuals within the group of Palestinians in Gaza may have done, and no matter how great the threat to Israeli cities may be, genocidal attacks on the whole of Gaza and the whole of its population with the intent of destroying them cannot be justified.”
“No exception can be made in a provisional measures order to allow a state to engage in actions that violate its obligations under the Genocide Convention. It is unthinkable that a court would ever do such a thing That is the simple point in this case: genocide can never be justified in any circumstances.” Lowe said.
ALSO READ: WATCH: ‘Israel’s attack on Gaza beyond the fight against Hamas’ – Ngcukaitobi
Lowe said this is not a moment for the court to sit back and be silent on Israel’s genocide against Palestinians in Gaza.
“What Israel is doing in Gaza, it is doing under its own control. Its actions are enforcing its occupation. The law on self-defence under Article 51 in the UN charter has no application.
“That is not the main point. The main point is much simpler. It is that no matter how monstrous or appalling an attack or provocation, genocide is never a permitted response. Every use of force must stay within limits set in international law to prevent genocide,” Lowe argued.
Louw said the genocide case was not against Jewish or Israeli people but against the Israeli government
“South Africa believes the publicly available evidence of the scale of the destruction resulting from the bombardment of Gaza, and the deliberate restriction of food water, medicine and electricity available to the population of Gaza demonstrates that the government of Israel. Not Jewish people or Israeli citizens.
“The government of Israel and its military is intent on destroying the Palestinians of Gaza as a group and is doing nothing to prevent or punish the actions of others who support that aim,” Lowe said.
South Africa concluded its oral arguments on Thursday, while Israel will make its case on Friday.
ALSO READ: SA genocide case against Israel underscores ‘very essence of our shared humanity’
Download our app and read this and other great stories on the move. Available for Android and iOS.
