Israel is poised to counter South Africa’s accusations, spanning from the denial of necessities to forced displacement and mass killings, in the landmark International Court of Justice (ICJ) case initiated by South Africa. The trial, accusing Israel of committing genocide in its war on Gaza, commenced at The Hague on Thursday.
The South African legal team, led by John Dugard, portrayed the dire situation of Palestinians in Gaza facing siege, relentless air strikes, and a deadly ground invasion by the Israeli military.
With over 23,000 deaths, including nearly 10,000 children, South Africa seeks an emergency order to address the ongoing crisis. While the ICJ may take years for a final verdict, initial proceedings focus on South Africa’s plea for urgent intervention.
Adila Hassim, an advocate for South Africa, suggests that the court need not reach a final verdict immediately but can acknowledge that some of Israel’s actions align with the genocide convention.
The five alleged “genocidal acts” include:
Mass killings of Palestinians
The initial charge presented by Adila Hassim during the ICJ proceedings is the mass killings of Palestinians, characterized as the “first genocidal act.” Hassim illustrated this accusation with evidence, displaying images of mass graves where bodies, often unidentified, were laid to rest. She highlighted Israel’s use of highly destructive 2000-pound bombs in areas of Gaza that had been declared safe by the Israeli authorities. The grim consequence has been the loss of multiple family members for over 1,800 families, with some families left without any survivors. Hassim emphasized that this devastating impact has spared no one, including infants and, notably, children.
Severe Physical and Psychological Toll on Gaza’s Population
The second accusation outlined by Adila Hassim pertains to bodily and mental harm, characterized as the “second genocidal act.” According to Hassim, Israel has inflicted severe mental and physical harm on the people in Gaza. She highlighted that close to 60,000 individuals, predominantly women and children, have been wounded and maimed in an environment where the health system has collapsed. Hassim brought attention to the arrest of a significant number of Palestinians, including children, who were reportedly undressed and transported on trucks to undisclosed locations. She emphasized the undeniable suffering experienced by the Palestinian population, encompassing both physical and mental dimensions.
Forcing Starvation and Displacement
The third alleged genocidal act, as asserted by Adila Hassim, involves forced displacement and a food blockade imposed by Israel. According to Hassim, Israel has intentionally created conditions that cannot sustain life, strategically aiming for the destruction of Gaza through the forced displacement of a significant portion of the population. She pointed out that thousands of families have experienced multiple displacements, leaving half a million people without homes to return to. Hassim cited instances where Israel issued orders for entire hospitals to evacuate within 24 hours, providing no assistance for moving the injured or transporting medical supplies. Similar directives were allegedly applied to large parts of northern Gaza, affecting over one million people who were asked to relocate on short notice.
“The order itself was genocidal,” Hassim said.
Adila Hassim asserted that the directives themselves were genocidal, referring to Israel’s actions in the fourth alleged genocidal act. She emphasized that Israel has blockaded food and water from the Strip, leading to widespread hunger. Additionally, Hassim claimed that Israel has hindered the distribution of available resources by restricting the movement of aid workers. She presented a clip illustrating hundreds of Palestinians running after a truck carrying aid into Gaza. Hassim contended that Israel deliberately imposed conditions that deprived Palestinians in Gaza of adequate shelter, clothing, bedding, and other critical non-food items. She pointed out the absence of safe water for drinking, cleaning, and cooking, leading to a surge in disease cases, including diarrhoea. Hassim expressed concern that more Palestinians may succumb to hunger and disease, yet the siege persists.
Israeli Assault on Gaza’s Medical System
Adila Hassim identified the fourth alleged genocidal action as Israel’s military assault on Gaza’s healthcare system, rendering life there unsustainable. Hassim argued that Gaza’s healthcare was already severely impaired due to years of attacks by Israel, and the current onslaught has left it incapable of coping with the overwhelming number of injured individuals in need of life-saving treatment. The destruction of the healthcare system in Gaza is presented as a critical factor contributing to the dire conditions and the inability to provide essential medical care.
Population Control: Israel’s Barriers to Palestinian Births
Adila Hassim concluded her presentation by highlighting the fifth alleged genocidal act, asserting that Israel is obstructing life-saving treatment required for childbirth. She argued that this action amounts to preventing births in Gaza and constitutes an act of genocide. Hassim referenced Reem Alsalem, the UN special rapporteur on violence against women and girls, who had previously issued a warning. Alsalem had expressed concern that the “reproductive violence inflicted by Israel on Palestinian women, newborn babies, infants, and children… could be qualified as acts of genocide.” The prevention of essential healthcare for childbirth is positioned as a critical element contributing to the overall accusations of genocidal intent.
What next?
On Friday, Israel will present its case with British Lawyer Malcolm Shaw leading the presentation. Legal experts anticipate Tel Aviv to argue self-defense, citing the October 7 attacks by Hamas, resulting in 1,139 deaths and over 200 hostages. Prime Minister Benjamin Netanyahu criticized South Africa’s suit, denouncing it as hypocritical and dishonest.
To counter, the South African legal team must not only prove ongoing mass killings as genocide but also demonstrate an intent by Tel Aviv. Genocides aren’t declared in advance, asserts advocate Hassim, relying on detailed Israeli actions as evidence. Lawyer Tembeka Ngcukaitobi cites Netanyahu’s statements, emphasizing the destruction of Palestinian life as articulated state policy.
Several nations and international organizations, including Malaysia, Bolivia, and Turkey, support South Africa. The United States, Israel’s primary weapons supplier, and diplomatic patron backs Tel Aviv. Pro-Palestinian demonstrators and pro-Israeli protesters gathered as proceedings commenced on Thursday.