Kamis, 11 Januari 2024

South Africa accuses Israel of breaching Genocide Convention - CNA

Top lawyer for South Africa Adila Hassim said Israel's bombing campaign aimed at the "destruction of Palestinian life" and had pushed Palestinians "to the brink of famine".

"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 a plausible claim of genocidal acts," she said.

As a fellow signatory to the treaty, South Africa can take Israel to the ICJ, which rules on disputes between countries and is often described as the "World Court".

The ruling African National Congress (ANC) has long been a firm supporter of the Palestinian cause, often linking it to its own struggle against the white-minority government, which had cooperative relations with Israel.

South Africa has acknowledged the "particular weight of responsibility" of accusing Israel of genocide. It has "unequivocally" condemned the Hamas attacks that touched off the war in Gaza.

"ATROCIOUS AND PREPOSTEROUS"

Israel will present its own arguments Friday but President Isaac Herzog has already hinted at his country's likely defence.

"There's nothing more atrocious and preposterous than this claim," said Herzog.

"We will present proudly our case of using self defence ... under international humanitarian law," he said.

Herzog said 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".

The United States is backing its ally Israel, with the State Department describing the charges as "unfounded".

"In fact, it is those who are violently attacking Israel who continue to openly call for the annihilation of Israel and the mass murder of Jews," said State Department spokesman Matthew Miller.

As it is an urgent procedure, the ICJ could rule in a matter of weeks.

Its rulings are final and cannot be appealed. However, countries do not always follow the court's verdicts - the ICJ has ordered Russia to stop its invasion of Ukraine, for example.

But a court ruling against Israel would certainly increase political pressure on the country, with many speculating it could serve as a pretext for sanctions.

Cecily Rose, assistant professor of public international law at Leiden University, said the court did not have to rule on the fundamentals of the case at this stage - that issue will likely take years.

"Instead, the court would only be evaluating whether there is a risk of irreparable prejudice to rights held under the Genocide Convention, in particular the right of the Palestinians in Gaza to be protected from acts that threaten their existence as a group," Rose told AFP.

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2024-01-11 12:17:47Z
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