Anna Holligan

Israel’s plan to “destroy” Gaza comes from “the highest level of state”, the UN’s top court has heard.

The claims were made by South African lawyers, as it presented its case accusing Israel of genocide at the International Court of Justice (ICJ).

South Africa also called on the court to order Israel to cease military operations in Gaza.

Israel - which will present its defence today - has vehemently rejected the accusations as “baseless”.

The court will deliver only an opinion on the genocide allegation, although it is being closely watched.

Tembeka Ngcukaitobi, a lawyer for the High Court of South Africa, told the ICJ that Israel’s “genocidal intent” was evident “from the way in which this military attack is being conducted”.

“The intent to destroy Gaza has been nurtured at the highest level of state,” he said.

“Every day, there is mounting, irreparable loss of life, property, dignity and humanity for the Palestinian people,” Adila Hassim, also representing South Africa, told the court.

“Nothing will stop the suffering, except an order from this court.”

In its evidence submitted before the hearing, South Africa said Israel›s actions were «intended to bring about the destruction of a substantial part of the Palestinian national, racial and ethnical group».

Israel has previously said its actions in the Gaza Strip are justified because it is responding to Hamas’s deadly attacks on 7 October.

But speaking in court yesterday, South Africa’s Justice Minister Ronald Lamola said no attack “can provide justification for or defend breaches of the [Genocide] Convention”.

Israel is a signatory to the Genocide Convention of 1948, which defines genocide and commits states to prevent it.

The ICJ is the United Nations’ highest court, based in The Hague in the Netherlands. Its rulings are theoretically legally binding on parties to the ICJ - which include Israel and South Africa - but are not enforceable.

In 2022, the court ordered Russia to “immediately suspend military operations” in Ukraine, an order that was ignored.

Under international law, genocide is defined as committing one or more acts with the intention to destroy, in whole or in part, a national, ethnic, racial or religious group.

Angry scenes

There were angry scenes outside the ICJ’s building, known as the Peace Palace, as Dutch police struggled to keep groups of Palestinian and Israeli supporters apart.

Hundreds of people waving Palestinian flags gathered outside the ICJ, calling for a ceasefire. Israeli supporters set up a screen showing images of some of the hostages still being held in Gaza.

Red and white police tape has been placed outside the ICJ in an attempt to bring some semblance of order to the chaotic scenes outside.

It was in contrast to the formality inside the court, where the Israeli delegation is listening to South Africa’s lawyers accuse the country’s forces of committing genocide in Gaza.

Israel’s delegation is expected to highlight its right to self-defence under international law - this week, Prime Minister Benjamin Netanyahu said Israel has no intention of permanently displacing the people of Gaza, or occupying the territory.

Unlike the International Criminal Court (ICC), the ICJ cannot prosecute individuals for crimes such as genocide, but its opinions carry weight with the UN and other international institutions.

On Wednesday, South African president Cyril Ramaphosa said: “Our opposition to the ongoing slaughter of the people of Gaza has driven us as a country to approach the ICJ.”

Israeli president Isaac Herzog called the accusations “atrocious and preposterous”.

“We will be in the International Court of Justice, and we will present proudly our case of using self-defence… under humanitarian law,” he said.

He added that the Israeli army was “doing its utmost under extremely complicated circumstances on the ground to make sure that there will be no unintended consequences and no civilian casualties”.

Caroline Glick, a former adviser to Israeli Prime Minister Benjamin Netanyahu, said the case was “an affront to the basic concept of morality and reasonableness”.

Zane Dangor, director general of South Africa’s department of international relations and cooperation, told BBC’s Africa Daily programme that the allegation of genocide against Israel is a «strong allegation», but that it “is not one that is unfounded”.

He described South Africa’s case as “very meticulous”. While condemning the Hamas attacks of 7 October, he said nothing “could justify the level of killings” that are taking place in Gaza.

Rule quickly

The ICJ could rule quickly on South Africa’s request for Israel to suspend its military campaign - but a final ruling on whether Israel is committing genocide could take years.

South Africa has been highly critical of Israel’s military operation in Gaza, and its governing African National Congress has a long history of solidarity with the Palestinian cause.

It sees parallels with its struggle against apartheid - a policy of racial segregation and discrimination enforced by the white-minority government in South Africa against the country’s black majority, until the first democratic elections, in 1994.

In Gaza, more than 23 350 people - mostly women and children - have been killed, according to the Hamas-run health ministry, since the war began in the aftermath of Hamas’s 7 October attacks on southern Israel. In those attacks, some 1 300 people were killed - mainly civilians - and about 240 others taken hostage.

Condemnation

Meanwhile, Namibia has reiterated its strong condemnation of Israel for the killing of innocent civilians, and forcible displacements of Palestinians in the Gaza Strip and the remainder of the Occupied Palestinian Territory.

This is according to executive director in the Ministry of International Relations and Cooperation, Penda Naanda, in a media statement issued on Wednesday.

“Namibia maintains the position that these acts mentioned above and the deliberate infliction on Palestinians in Gaza of conditions of life that can bring about their physical destruction in whole or in part constitutes genocide, the prohibition of which is a peremptory norm under international law,” he noted.

The statement added that Namibia supports all international efforts aimed at advancing the realisation of the inalienable rights of the Palestinian people. As per the statement of His Excellency, Dr Hage Geingob, President of the Republic of Namibia on 31 December 2023, ‘No peace-loving human being can ignore the carnage waged against Palestinians in Gaza’.

It is against this background and its history of being subjected to an illegal occupation and apartheid that Namibia is, amongst others, participating in the ongoing advisory proceedings at the ICJ regarding the legal consequences arising from the policies and practices of Israel in the occupied Palestinian territory, including East Jerusalem, Naanda noted.

“Namibia calls on all states to act by outlawing acts of aggression, and by taking all reasonable measures to stop the acts of genocide being perpetrated against the Palestinian people. Namibia would welcome the indication of provisional measures by the ICJ for Israel to immediately comply with its obligations under the 1948 Genocide Convention,” he continued.

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Photo: ICJ

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