South African legal team left no stone unturned when they presented their arguments at The Hague, Netherlands-a continent away from the war in Gaza accusing Israel of subjecting the Palestinians to genocide.
Led by Justice and Correctional Services Minister Ronald Lamola adhering to SA President Cyril Ramaphosa's mandate, the two-day hearing will forever be remembered as one of the most momentous autopsy to be heard in an international court, especially being tabled by Africans shielding Palestinians.
“The violence and the destruction in Palestine and Israel did not begin on the 07th of October 2023. The Palestinians have experienced systemic oppression and violence for the last 76 years. On the Gaza Strip, at least since 2004, Israel continues to exercise control over the airspace territorial, waters land crossings, water, electricity and civilian infrastructure,” said Lamola
President Cyril Ramaphosa and his administration launch a case at the International Court of Justice (ICJ) against Israel seeking binding preliminary orders to compel Israel to stop its military campaign in Gaza, in which more than 23,000 people have died, according to the health ministry which is run by Hamas.
Adv Tembeka Ngcukaitobi said the scale of destruction in Gaza, the targeting of family homes and civilians, the war being a war on children, all make clear that genocidal intent is both understood and has been put into practice.
He further said the articulated intent is the destruction of Palestinian life.
“What state would admit to a genocidal intent? Yet the distinctive feature of this case has not been the silence as such, but the reiteration and repetition of genocidal speech throughout every sphere of the state in Israel,” Adv Ngcukaitobi said.
South African lawyer Adila Hassim told the judges and audience in the packed, sumptuous chamber of the Peace Palace in The Hague that nothing will stop the suffering except an order from ICJ.
“Genocides are never declared in advance, but this court has the benefit of the past 13 weeks of evidence that shows incontrovertibly a pattern of conduct and related intention that justifies as a plausible claim of genocidal acts,” she said.
Ambassador Vusi Madonsela, said the international system failed to prevent genocide in Gaza. He further said Israel has disposed Palestinians of their land.
“In our application, South Africa has recognized the ongoing Nakba of the Palestinian people through Israel’s colonization and their internationally recognised right of return as refugees to their towns and villages in what is now the state of Israel,” he uttered.
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