The Minister of Justice and Correctional Services, Ronald Lamola, said that the South African delegation remains confident about its case before the International Court of Justice, which it brought against Israel for alleged acts of genocide in Gaza.
Lamola said: “We remain confident that we presented a strong case, forensically detailed by our lawyers. The state of Israel has dismally failed today.”
He was speaking outside the Palace of Justice at The Hague after day 2 of the hearings, which saw the Israel delegation vehemently rebuff South Africa’s charge of genocide.
The ICJ is the highest court of the United Nations and adjudicates disputes between countries. Under the UN Convention on the Prevention and Punishment of Genocide, any country party to the convention can take another to court to prevent genocide. In 2019, Gambia brought a case against Myanmar for the genocide of the Rohingya minority population.
Israel has waged a war in Gaza since October 7, in which members of the Hamas group launched an attack on Israel, killing hundreds of civilians. According to the Palestinian health ministry, over 22,500 civilians have been killed, most of which were women and children.
Arguing before the ICJ, the Israel team said that it was not committing genocide but was waging a self-defensive war against Hamas and pointed to the humanitarian aid supplied as well as humanitarian corridors through which Palestinian refugees could flee the bombing campaign. The lawyers also accused South Africa of supporting Hamas.
Lamola said: “The defence [offered by Israel] is no answer to genocide. Nothing can ever support genocide; there is no balancing exercise as Israel has sought to suggest. The prohibition is absolute… Genocidal attacks on the whole of Gaza and the whole of its population with the intent of destroying them cannot be justified at all.”
He said: “As I have explained before, we have condemned the actions of Hamas, and have said that they must also desist from any attacks on civilians. We have stated [attacks on civilians by Hamas] must also be investigated by the relevant authorities and UN bodies.”
Arguing before the ICJ on Thursday, the South African advocate Adila Hassim SC said, “Every day there is mounting, irreparable loss of life, property, dignity and humanity for the Palestinian people… Nothing will stop the suffering, except an order from this court.”
Tembeka Ngcukaitobi SC, also arguing for South Africa, said: “Israel has a genocidal intent against the Palestinians living in Gaza. That is evident from the way in which Israel’s military attack is being conducted, which has been described by Ms Hassim SC. It is systematic in its character and form: the mass displacement of the population of Gaza, herded into areas where they continue to be killed, and the deliberate creation of conditions that ‘lead to a slow death’.”
The ICJ is expected to make an interim finding within weeks, which could be to order the bombing campaign in Gaza to cease, but a full ruling could take up to years to come.
