Watch: SA’s arguments and requests against Israel at the International Court of Justice

South Africa argued genocidal intent against Israel during its arguments before the International Court of Justice (ICJ) in the Hague on Thursday.

SA filed an urgent case before the court last month, accusing Israel of committing genocide against Palestinians in Gaza.

Minister of Justice and Correctional Services Ronald Lamola is leading South Africa’s delegation which also includes Professor John Dugard, Max du Plessis, Tembeka Ngcukaitobi, Adila Hassim, Sarah Pudifin-Jones, Lerato Zikalala and Tshidiso Ramogale.

ALSO READ: WATCH: Israel’s responds to SA’s accusations of genocide at the ICJ

South Africa 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.

Hassim told the court South Africa’s case underscores the “very essence of our shared humanity”.

“South Africa contends that Israel has transgressed Article 2 of the Convention by committing actions that fall within the definition of genocide. The actions show systematic patterns of conduct from which genocide can be inferred.”

Watch South Africa’s arguments at the Peace Palace in The Hague:

Presenting a map of the Gaza strip showing the restrictions imposed by Israel, Hassim said, the ICJ must hold Israel accountable for acts in Gaza.

“There is no indication that Israel accepts responsibility for rebuilding what it has destroyed. Instead, the destruction is celebrated by the Israeli army. Soldiers film themselves joyfully detonating entire apartment blocks and town squares, erecting the Israeli flag over the wreckage.”

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

‘Israel’s attack on Gaza beyond the fight against Hamas’

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.

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

‘Nothing can ever justify genocide’

Professor Vaughan Lowe said no provocation in Gaza justified genocide.

“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.”

READ MORE HERE: ‘Nothing can ever justify genocide’ – Professor Vaughan Lowe

“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.” Low sad.

He said the case was not against Jewish people or the 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 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.

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