Brussels - The Hague: Europe and the Arabs - agencies
The International Court of Justice in The Hague resumed its hearings and it was the turn of the Israeli legal team regarding South Africa’s lawsuit against the Israeli occupation for committing genocide crimes against the Palestinians in the Gaza Strip, according to Cairo News Channel.
The Palestinian Minister of Justice also confirmed that the decision of the International Court of Justice regarding the crimes of genocide committed by Israel against the Palestinians in the Gaza Strip is binding on the occupation authorities. This came after South Africa addressed the International Court of Justice, yesterday, Thursday, as part of what it described as an attempt to put an end to the mass killing of civilians in Gaza. It accused Israel of committing genocide against Palestinians in the Gaza Strip - an allegation that Israel vehemently denied, calling it "baseless."
While reviewing the case, the South African legal team told judges at the International Court of Justice in The Hague that Israel had demonstrated a “pattern of genocidal behaviour” since launching its large-scale war in the 365-square-kilometre Gaza Strip, which it has occupied since 1967.
The team said: “This killing is nothing less than the destruction of Palestinian lives. It was committed deliberately, and no one was spared - not even newborn babies.”
Unprecedented violence
Lawyer Adela Hashem from the South Africa team stressed that Israeli actions have exposed Gaza's 2.3 million people to an unprecedented level of attacks, by air, land and sea, resulting in the deaths of thousands of civilians and the destruction of homes and essential public infrastructure.
Lawyer Adila Hashem said that Israel prevented adequate humanitarian aid from reaching those in need and created the risk of death from starvation and disease due to the impossibility of providing assistance “while the bombs were falling.”
“Palestinians in Gaza are subjected to constant bombardment wherever they go,” Ms. Hashem told the court, adding that so many people were killed that they were often buried in mass graves without their identities being identified. She indicated that another 60,000 Palestinians were injured and maimed.
She went on to say: “They are being killed in their homes and in the places they have taken refuge, in hospitals, schools, mosques and churches, and while trying to find food and water for their families. They have been killed if they fail to evacuate from the places they have fled to, and even if they try to flee via the safe routes I have identified.” "Israel."
South Africa reported that 6,000 bombs fell on Gaza in the first week of the Israeli response to the Hamas-led attacks on October 7. This included the use of 2,000-pound bombs - at least 200 times - in the southern areas of the Strip that were classified as safe, and in the north, where refugee camps are located, Ms. Hashem said.
She stressed that these weapons were “some of the largest and most destructive bombs available,” adding that genocides “are never announced in advance, but this court has the benefit of evidence obtained over the past 13 weeks that shows - indisputably - The existence of a pattern of conduct and relevant intent that justifies a plausible allegation of genocide.”
 
Convention obligations
The ICJ judges heard that because of these actions, Israel violated the Genocide Convention, referring to the global treaty signed by UN members after World War II to prevent crimes against humanity.
John Dugard, of the South African team, stressed that the convention is “dedicated to saving humanity,” and that all countries that have signed the convention are “obligated not only to cease acts of genocide but also to prevent them.”
What “interim measures” does South Africa request from the court?
“Interim measures” are described as orders issued by a court before its final ruling in a case, with the aim of preventing irreparable damage. Under it, the defendant state is obligated to refrain from taking certain measures until the court issues the final ruling.
South Africa asked the International Court of Justice to indicate nine interim measures in relation to the Palestinian people as a protected group under the Genocide Convention.
At the beginning of yesterday's public hearing for Khamis, the court clerk read out the nine measures, which we summarize in the following points:
First, the State of Israel must immediately suspend its military operations in and against Gaza.
Secondly, Israel must ensure that no steps are taken in furtherance of those military operations.
Third, both the Republic of South Africa and the State of Israel, in accordance with their obligations under the Convention on the Prevention and Punishment of the Crime of Genocide - with respect to the Palestinian people - must take all reasonable measures within their powers to prevent genocide.
Fourth, the State of Israel must, in accordance with its obligations under the Convention, refrain from committing any of the acts that fall within the scope of Article 2 of the Convention, in particular:

(a) Killing members of the group.
(b) Causing serious physical or mental harm to members of the group.
(c) Intentionally subjecting the group to living conditions intended to bring about its physical destruction, in whole or in part.
(d) Imposing measures aimed at preventing the birth of children within the group.
Fifth, the State of Israel must, with regard to the Palestinians, cease taking all measures, including the repeal of relevant orders, restrictions and/or prohibitions. To prevent:
(a) Their expulsion and forced displacement from their homes;

(b) Deprivation of:

1- Obtaining adequate food and water;
2- Access to humanitarian assistance – including adequate fuel, shelter, clothing, hygiene and sanitation;
3- Medical supplies and assistance;
(c) Destruction of Palestinian life in Gaza.
Sixth, the State of Israel must ensure that it does not commit any acts described in points (4) and (5) or participate in direct and public incitement or attempt to commit genocide, or conspiracy.Or complicity in that.
Seventh, the State of Israel must take effective measures to prevent the destruction of evidence relating to the allegations, and to ensure its preservation. To this end, Israel must not prevent or restrict the access of fact-finding missions, international mandates and other bodies to Gaza.
Eighth, Israel must report to the Court on all measures taken to implement this order (under interim measures) within one week, from the date of its issuance, and thereafter at regular intervals as the Court orders, until it issues its final decision in the case.
Ninth, the State of Israel must refrain from any action and ensure that no action is taken that may aggravate or prolong the dispute before the Court or make its resolution more difficult.