SUBSCRIBE TO OUR FREE NEWSLETTER
Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
5
#000000
#FFFFFF
5
#000000
#FFFFFF
south africa
South Africa Files 750 Pages of 'Overwhelming' Evidence in ICJ Genocide Case Against Israel
"The glaring genocide in Gaza is there for all who are not blinded by prejudice to see."
Oct 28, 2024
South Africa filed 750 pages of "overwhelming" proof that Israel is committing genocide in Gaza to the International Court of Justice in The Hague, Netherlands on Monday, the deadline for submitting final evidence in the ongoing trial.
South African Ambassador to the Netherlands Vusi Madonsela delivered the legal document—known as a memorial—to the ICJ headquarters in the Dutch city. Under the court's rules, the contents of the memorial cannot be made public at this time.
According to a statement from the office of South African President Cyril Ramaphosa, the memorial is a "comprehensive presentation of the overwhelming evidence of genocide in Gaza."
The office said the document "contains evidence which shows how the government of Israel has violated the Genocide Convention by promoting the destruction of Palestinians living in Gaza, physically killing them with an assortment of destructive weapons, depriving them access to humanitarian assistance, causing conditions of life which are aimed at their physical destruction, and ignoring and defying several provisional measures of the International Court of Justice, and using starvation as a weapon of war and to further Israel's aims to depopulate Gaza through mass death and forced displacement of Palestinians."
"The evidence will show that undergirding Israel's genocidal acts is the special intent to commit genocide, a failure by Israel to prevent incitement to genocide, to prevent genocide itself, and its failure to punish those inciting and committing acts of genocide," Ramaphosa's office added.
South Africa's filing comes amid Israel's ongoing 387-day assault on Gaza, which according to Palestinian and international agencies has killed at least 43,020 people—most of them women and children. At least 101,110 others have been wounded and over 10,000 Gazans are missing and believed dead and buried beneath the rubble of hundreds of thousands of bombed homes and other structures. Millions more Palestinians have been forcibly displaced, starved, or sickened by Israel's invasion and "complete siege" of Gaza.
The filing also comes one week after senior members of Israeli Prime Minister Benjamin Netanyahu's far-right Cabinet and national lawmakers spoke at a conference advocating the ethnic cleansing and recolonization of Gaza.
Ramaphosa's office lamented that "Israel has been granted unprecedented impunity to breach international law and norms for as long as the United Nations Charter has been in existence."
"Israel's continued shredding of international law has imperiled the institutions of global governance that were established to hold all states accountable," the presidency's statement asserted. "The glaring genocide in Gaza is there for all who are not blinded by prejudice to see."
Ramaphosa's statement continues:
The Palestinian struggle against imperialism, Israeli apartheid, and settler colonialism is the daily reality of the Palestinian people. Since 1948, they have faced various forms of colonization, often backed by historical colonial powers and, more recently, by states intent on shaping a world order in their interests. The global fight against settler colonialism persists in some parts of the world, including in occupied Palestine, both in Gaza and the West Bank. The international community cannot stand idly by while innocent civilians—including women, children, hospital workers, humanitarian aid workers, and journalists—are killed for simply being. That is a world we cannot accept.
"We reiterate our appeal for an immediate cease-fire in Palestine, in Lebanon, and entire region, and the start of a political process to ensure a just and lasting peace," Ramaphosa's office added.
South Africa also thanked the more than 30 countries and regional blocs, including the African Union and Arab League, that are supporting its case.
It could take years for the ICJ to deliver judgment in the case. In July, the tribunal issued a nonbinding advisory opinion that Israel's occupation of Palestine—including the West Bank, Eastern Jerusalem, Gaza, and Syrian Golan Heights—is an illegal form of apartheid that must end "as rapidly as possible."
South Africa's filing came on the same day that Francesca Albanese, the U.N. special rapporteur on the situation of human rights in the occupied Palestinian territories, published a report on Israeli "genocide as colonial erasure" in Palestine.
Israel vehemently denies it is committing genocide in Gaza, a position shared by the Biden administration, the country's main benefactor.
Palestine advocates welcomed Monday's filing, with Council on American-Islamic Relations national executive director Nihad Awad thanking South African leaders "for helping expose the far-right Israeli government's genocide and genocidal intent in Gaza to the world community."
"This detailed submission also further exposes the Biden administration's criminal complicity with Israel's genocide in Gaza," Awad added. "President [Joe] Biden should end his complicity with genocide by stopping arms deliveries to Israel and forcing an immediate cease-fire."
The Biden administration and Congress have provided Israel with tens of billions of dollars worth of armed aid and diplomatic cover to continue its war.
Francis Boyle, a professor of international law at the University of Illinois College of Law, noted that "Israel has violated three prior orders from the court" and "has also violated the decision on Rafah of May."
"Just after that decision, Biden put out his ridiculous statement that Israel had agreed to a cease-fire, which it obviously didn't," he continued. "The Biden administration's phony 'cease-fire negotiations' maneuvers have simply bought Israel more time to commit more crimes, including its recent annihilation of northern Gaza."
"Given Israel's lack of respect for decisions of the court, it becomes imperative that these decisions have teeth," Boyle added. "The U.S. veto at the U.N. Security Council has prevented that body from doing its job. So, the U.N. General Assembly should utilize its Uniting for Peace procedure to take control of the situation and recommend an arms embargo and economic sanctions against Israel as well as other measures. That's what was done to apartheid South Africa because of its illegal occupation of Namibia."
Keep ReadingShow Less
UN Experts Warn Israel Risks 'Pariah' Status Over Gaza Genocide
One expert even asked if Israel's United Nations membership should be reconsidered given the country "seems to have zero respect" for the world body.
Sep 16, 2024
United Nations human rights experts warned Monday that Israel risks becoming an international "pariah" over its ongoing assault on Gaza—for which it is on trial for genocide at the world body's International Court of Justice.
The special rapporteurs—who are appointed by the U.N. but do not speak on its behalf—condemned Israel's human rights violations against Palestinians, as well as its blatant disregard for international law and multiple rulings from the ICJ.
These include an advisory opinion that the 57-year Israeli occupation of Palestine is an illegal form of apartheid that must immediately end, and orders for Israeli forces to avoid genocidal actions in Gaza and to immediately halt the Rafah offensive.
George Katrougalos, the U.N. special rapporteur on the promotion of democratic and equitable international order and a former Greek foreign minister, said during a press conference that the "first obligation" for harmonious relations between nations "is for everybody to respect the United Nations rules."
"This is not happening in the case of Israel," Katrougalos noted.
The United Nations agency for Palestinian relief says that around 200 of its staff members have been killed in more than 450 Israeli attacks on agency facilities since October. More than 500 Palestinians have been killed while seeking shelter under the U.N. flag.
Overall, more than 146,000 Palestinians have been killed or wounded by Israeli forces since October. Almost all of Gaza's 2.3 million people have been forcibly displaced, and Israel's "complete siege" has caused widespread starvation—sometimes deadly—and sickness throughout the coastal enclave.
Comparing the international community's reaction to Russia's ongoing invasion of Ukraine and Israel's war on Gaza, Katrougalos stressed that "we cannot anymore stand this kind of double standards and hypocrisy."
"I trust that the progressive and democratic citizens of Israel would not let their country become a pariah like South Africa [had] become during the times of apartheid," he added. South Africa is leading the genocide case against Israel at the ICJ.
Francesca Albanese, the U.N. special rapporteur on the rights situation in the occupied Palestinian territory, said that "I think it's unavoidable for Israel to become a pariah in the face of its continuous, relentless, vilifying assault of the United Nations, on top of millions of Palestinians."
"Shockingly, in the face of the abyss reached in the OPT... most member states remained inactive at best, or [are] actively aiding and assisting Israel's criminal conduct," she continued.
"Should there be a consideration of its membership as part of this organization, which Israel seems to have zero respect for?" Albanese added.
Pedro Arrojo-Agudo, the U.N. special rapporteur on the rights to safe drinking water and sanitation, warned that "we are blowing up the United Nations if we don't react" to Israel's human rights violations.
Arrojo-Agudo added that, as with starvation, Israel is using deprivation of water as a "weapon" and disavowed Israel's claim that Hamas—which led the October 7 attack on Israel—has "completely mismanaged water in Gaza."
The special rapporteurs' remarks came as representatives of U.N. member states gathered in New York for this year's annual General Assembly. General debate sessions are set for next week.
Keep ReadingShow Less
Israel Lobbies US Congress to Pressure South Africa to Drop ICJ Genocide Case
One human rights expert said Israel's effort to bully South Africa is born from "obviously fearing it will lose" its World Court trial.
Sep 09, 2024
Israeli officials are lobbying U.S. lawmakers to pressure South Africa into dropping its genocide case against Israel at the International Court of Justice, according to a report published Monday.
Axiossaid it obtained a classified Israeli Foreign Ministry cable sent Monday to the country's embassy in Washington, D.C. and all its U.S. consulates threatening consequences if South Africa proceeds with its case in The Hague—which is backed by dozens of nations and regional blocs, as well as countless legal and genocide experts.
"We are asking you to immediately work with lawmakers on the federal and state level, with governors and Jewish organizations to put pressure on South Africa to change its policy towards Israel and to make clear that continuing their current actions like supporting Hamas and pushing anti-Israeli moves in international courts will come with a heavy price," the cable states.
As Axios reported:
The Israeli diplomats were instructed to ask members of Congress to issue public statements condemning South Africa's actions against Israel and threaten that it could lead tosuspending U.S. trade relations with South Africa. That's unlikely to happen because the U.S. wants to maintain its relationship with South Africa in order to counter the influence of Russia and China.
According to the report, Israeli officials are hoping that South Africa's new coalition government—the country's first to not be led by the leftist African National Congress since the beginning of post-apartheid majority rule—will eschew "boycotts and punishments" and prove more malleable.
This isn't the first time that Israel has been accused of trying to intimidate those who seek to hold it accountable for its obliteration of Gaza. Earlier this year, its government launched a pressure campaign urging world governments to condemn the ICJ trial.
South Africa filed its genocide case against Israel in December, alleging that statements and actions by Israeli government officials and armed forces "are genocidal in character because they are intended to bring about the destruction of a substantial part" of the Palestinian population in violation of Article II of the Genocide Convention.
A final ICJ ruling is not expected for years. Israel says the case is "baseless" and has accused South Africa of "functioning as the legal arm of Hamas," which led the attacks in which more than 1,100 Israelis and others were killed—at least some by so-called "friendly fire"—last October 7. More than 240 other people were kidnapped and taken to Gaza.
Since October, Israeli forces have killed or maimed at least 145,000 Palestinians in Gaza, most of them women and children, while forcibly displacing almost all of the embattled strip's 2.3 million people. Israel's " complete siege" of Gaza has caused widespread starvation and disease. Eliminationist rhetoric by Israeli politicians, military officials, journalists, entertainers, and others started shortly after the Hamas-led attack of October 7 and continues to this day.
In January, the ICJ ordered Israel to "take all measures within its power" to uphold its obligations under Article II of the Genocide Convention. Israel's far-right government and military have been accused by human rights groups of ignoring the order.
As Israeli forces launched a major ground invasion of Rafah four months later, the ICJ issued another order for Israel to "immediately halt its military offensive" in the city, where around 1.5 million forcibly displaced and local Palestinian residents were sheltering. Instead of heeding the order, Israel ramped up its assault on Rafah.
At the International Criminal Court (ICC) Prosecutor Karim Khan is urging the tribunal to promptly act upon his May application for warrants to arrest Netanyahu, Israeli Defense Minister Yoav Gallant, and three Hamas leaders—at least one of whom, political chief Ismail Haniyeh, was subsequently assassinated by Israel.
Israeli and U.S. officials have threatened ICC members with retaliation if the tribunal issues arrest warrants for Israeli leaders. In June, 42 House Democrats joined Republican lawmakers in passing legislation to sanction ICC jurists in the event they authorize the Israeli leaders' arrest.
The U.S. is by far Israel's biggest benefactor, providing billions of dollars worth of weapons and invaluable diplomatic cover including United Nations Security Council cease-fire resolution vetoes.
Many experts say the U.S. is complicit in Israel's genocide. A group of Palestinians, Palestinian Americans, and rights groups is seeking to hold President Joe Biden, Secretary of State Antony Blinken, and Defense Secretary Lloyd Austin criminally accountable for supporting Israel's Gaza slaughter at the 9th U.S. Circuit Court of Appeals.
Keep ReadingShow Less
Most Popular