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Will ICJ rule 'Israel' guilty of Gaza genocide? Let the hearings begin

  • By Al Mayadeen English
  • Source: News websites
  • 11 Jan 2024 10:04
  • 2 Shares
4 Min Read

Today marks the initial hearing at the International Court of Justice (ICJ) following South Africa's submission of a petition concerning "Israel's" ongoing aggression on Gaza.

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  • The logo of the International Court of Justice, left, and the UN sit on the judges bench in The Hague, Netherlands, October 10,2023. (AP)
    The logo of the International Court of Justice left, and the UN sat on the judge's bench in The Hague, Netherlands, October 10, 2023 (AP)

A legal hearing on Israeli aggression against Palestinians in Gaza is set to take place in The Hague, where the International Court of Justice (ICJ) will examine accusations that "Israel" is engaging in genocide in the region, The Guardian reported.
 
South Africa, which initiated the case, is urging the UN court to take immediate action to prevent further severe and irreparable harm to the rights of the Palestinian people under the genocide convention, which they stress is being violated with impunity.

The genocide convention describes the crime as “acts committed with intent to destroy, in whole, or in part, a national, ethnical, racial or religious group."

The proceedings come amid the ongoing Israeli assault on Gaza which entered its 97the day, resulting in a significant humanitarian toll.

Tomorrow is the first hearing in the #ICJ after South Africa filed a petition to the ICJ regarding "Israel's" crimes in #Gaza.

Several countries have backed #SouthAfrica in its decision to hold the Israeli occupation accountable before the ICJ, including #Venezuela, Namibia,… pic.twitter.com/KxKJljRLb0

— Al Mayadeen English (@MayadeenEnglish) January 10, 2024

Since October 7, "Israel" has killed over 23,000 Palestinians in Gaza, as indicated by Gaza’s Health Ministry. Approximately 70% of the victims are women or children. The United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) estimated that the aggression on Gaza has internally displaced 1.9 million people, nearly 85% of the population. Moreover, tens of thousands of buildings have been reduced to rubble.

Dive deeper

In its written application to the ICJ, spanning 84 pages to initiate proceedings, South Africa stated, “The acts and omissions by Israel complained of by South Africa are genocidal in character because they are intended to bring about the destruction of a substantial part of the Palestinian national, racial and ethnical group.”
 
South Africa is urging the court to promptly enforce "provisional measures" and instruct "Israel" to stop causing harm, both physical and mental, and to cease killing Palestinians in Gaza. The filing also specifies that "Israel" should be directed to refrain from deliberately imposing conditions intended to lead to the destruction of Palestinians as a group. Additionally, the filing calls for measures to prevent and penalize incitement to genocide and to put an end to restrictions on aid and evacuation directives.

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Unsurprisingly, "Israel" responded vehemently upon receiving the application, describing it as “baseless” and a “blood libel”.

The largest supporter of the Israeli occupation, the United States, has rejected the case, deeming it "meritless".

On Wednesday, the South African government announced that former UK opposition leader Jeremy Corbyn will accompany a South African team to this week's proceedings at the International Court of Justice (ICJ).

The South African Justice Ministry reported that Corbyn was one of many “senior political figures from progressive political parties and movements across the globe."

The Organisation of Islamic Cooperation, comprising 57 member states, commended South Africa for initiating the case. Moreover, various individual countries have expressed their support. Belgium's Deputy Prime Minister, Petra De Sutter, urged her country “to take action at the International Court of Justice, following the lead of South Africa."

It is also worth noting that Brazilian President Luiz Inacio Lula da Silva has expressed his endorsement for the case initiated by South Africa at the International Court of Justice (ICJ). 

"In light of the flagrant violations of international humanitarian law, the president has expressed support for South Africa's initiative to call on the International Court of Justice to obligate Israel to cease all actions and measures that may constitute genocide or related crimes in accordance with the Convention on the Prevention and Punishment of the Crime of Genocide," the Brazilian Foreign Ministry said in a readout of Lula's meeting with Palestinian Ambassador to Brazil Ibrahim Alzeben on Wednesday.

The legal teams for both sides will have equal time to present their cases, approximately three hours each. South Africa will present its case first on Thursday, followed by "Israel's" response on Friday. The judgment will be reserved for a later date, possibly within weeks.

The decisions made by The Hague cannot be enforced, and there is a possibility that "Israel" might disregard an unfavorable judgment. However, such actions would likely intensify international condemnation of its ongoing aggression against Gaza.
 
 Read next: 'Israel' scrambles its world embassies to shutdown ICJ genocide case

  • genocide in Gaza
  • Operation Al-Aqsa Flood
  • Palestine
  • International Court of Justice
  • South Africa
  • Operation Al Aqsa Flood
  • Gaza
  • ICJ
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