THE HAGUE: South Africa on Thursday accused the Zionist entity of breaching the UN Genocide Convention, arguing that even the Oct 7 Hamas attack could not justify such alleged actions, as it launched a landmark case at the top UN court. Pretoria has lodged an urgent appeal at the International Court of Justice (ICJ) to force the Zionist entity to "immediately suspend” its military operations in Gaza.
"No armed attack on a state territory, no matter how serious... can provide justification for or defend breaches of the convention,” said Pretoria’s Justice Minister Ronald Lamola. "(The Zionist entity’s) response to the October 7 attack has crossed this line and given rise to the breaches of the convention,” he added.
The Zionist entity’s relentless military campaign in Gaza has killed at least 23,469 people, mostly women and children. A world away from the death and destruction in Gaza, robed lawyers battled it out over technical legal arguments in the Peace Palace in The Hague. South Africa argues the Zionist entity is breaking its commitments under the UN Genocide Convention, a treaty signed in 1948 in the wake of the Holocaust.
Top lawyer for South Africa Adila Hassim said the Zionist entity’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 the Zionist entity 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 historic struggle against the white-minority government, which had cooperative relations with the Zionist entity.
South Africa has acknowledged the "particular weight of responsibility” of accusing the Zionist entity of genocide. It "unequivocally” condemned the Hamas attacks that sparked off the war in Gaza. Describing South Africa as the "legal arm” of Hamas, the Zionist entity’s foreign ministry spokesman Lior Haiat said Pretoria’s case was "one of the greatest shows of hypocrisy in history”. The United States is backing its ally the Zionist entity, with the State Department describing the charges as "unfounded”.
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 the Zionist entity 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, noted 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.
Dutch police kept rival demonstrations apart in The Hague. Hundreds of pro-Zionist protesters waving flags marched through the streets while a smaller group of pro-Palestinian supporters brandished placards saying: "End (Zionist) apartheid.” Zohar Janovitch, 40, said Zionist leaders had "explicitly expressed their disregard for the lives of Palestinian civilians”. – AFP