According to Palestinian health authorities in Gaza, close to 23,000 people have been killed since 7 October. Tens of thousands are missing and injured. 85 percent of the population of Gaza has been displaced from their homes. Several hundred thousand are affected by famine because Israel prevents emergency aid, according to the UN. This is the backdrop when the UN court, the International Court of Justice (ICJ), begins the hearing on Israeli genocide in The Hague. If the court finds the argument about Israeli genocide well founded, Israel must appear in court, accused of “the crime of all crimes”. Israel, for its part, believes the accusations are “absurd”. A spokesman for the Israeli authorities called it a “blood indictment”, an old term for grotesque and false anti-Semitic rumors about the alleged bloodlust of Jews. “We assure South Africa’s leaders – history will judge you,” the Israeli spokesman continued in a statement, also confirming that Israel will be present in The Hague to defend itself. It is South Africa that complained to Israel. In an 84-page document, the charges are described in detail. – The way I see it, South Africa has already won. That’s what Professor Francis Boyle at the University of Illinois says the same week the open hearings begin in The Hague. He was the first to win a case under the UN Genocide Convention – on two occasions. Throughout his career as a lawyer, Boyle has represented a number of countries, organizations and indigenous peoples. Photo: University of Illinois In addition, he assisted with the indictment against “the butcher of the Balkans” – Slobodan Milošević. – They have won precisely because the ICJ is now at all considering whether Israel is committing genocide, he says to news. South Africa is also asking the court to demand that Israel put the war on hold until the case is fully dealt with in court. A decision, which is the volumes, will probably come during January, Boyle expects. Is South Africa involved in the conflict? No. South Africa has been a promoter of the Palestinian cause during the Gaza war. The South Africans brought their ambassador home early and they gathered the BRICS countries to discuss the war on Israel. Now South Africa is bringing the case against Israel, which they can because the issue of genocide is such a serious violation of international law that it applies equally to all states of the world. In the language of law, this is called an erga omnes case (from Latin: which affects everyone). This is what the court must decide on, as Folkerettsexpert Geir Ulfstein says legal cases cannot become more important than these. – It is one of the most serious crimes imaginable, so this is important, says Ulfstein. Geir Ulfstein is professor of international law at the University of Oslo. The Convention also defines genocide, and this definition is twofold. Or as the legal expert says: – There are two things that must be proven. One is called objective conditions, and then physical acts that can be considered genocide, such as murder and starvation, are assessed. South Africa accuses Israel of: Indiscriminate killing of Palestinians, subjecting Palestinians to serious physical and mental harm in Gaza, mass displacement of Palestinians in Gaza, depriving Palestinians of access to adequate food and water, depriving Palestinians of access to adequate shelter, clothing, hygiene and sanitation conditions, depriving the Palestinians of adequate medical aid, destroying Palestinian life in Gaza and introducing measures to prevent Palestinian births. – But what is most difficult to prove is the intention. By that, Ulfstein means that it must be proven that the purpose of the actions is to exterminate Palestinians in general or parts of the Palestinian people. May have consequences When Boyle went to court against Serbia and Montenegro, statements from decision-makers were an important part of the evidence base. The statements showed that the decision-makers had the intention of committing genocide. South Africa has dedicated eight pages to statements from various members of the Israeli government apparatus and military. According to them, these statements should show that Israeli decision-makers have an intention to commit genocide against the Palestinian people. Benjamin Netanyahu, Prime Minister of Israel October 28: “You must remember what Amalek did to you” Reference: In the first book of Samuel, the God of the Israelites, Yahweh, says that the Amalekites must be exterminated. “Now go and strike Amalek and destroy everything they have. Don’t spare them! Kill both man and woman, infant and suckling, ox and sheep, camel and donkey,” declared Yahweh. Source: Netanyahu said this during a press conference on October 29 when he announced the ground invasion of Gaza. Netanyahu is known and criticized for using religious references to legitimize the war. JACQUELYN MARTIN / AFP Yoav Gallant, Israel’s Defense Minister October 9: We are “imposing a complete siege on Gaza. No electricity, no food, no water, everything is closed. We fight against human animals and we act accordingly”. Reuters Security Minister Itamar Ben-Gvir, November 10: “To be clear, when we say that Hamas must be destroyed, we also mean those who celebrated, supported and those who distributed candy. They are all terrorists and they must be destroyed.” Eitan Hess-Ashkenazi / Scanpix/Ap Agriculture Minister Avi Dichter, 11 November: “We have to carry out a new Nakba. What we are doing now is actually creating Gaza’s Nakba” They call it “al-Nakba”, the catastrophe when hundreds of thousands of Palestinians were displaced from their homes, and hundreds of villages destroyed with the aim of establishing the state of Israel. The disaster lasted from 1948 to 1956. Wikimedia Commons Minister of Cultural Heritage, Amihai Eliyahu, November 1: “The northern part of the Gaza Strip is more beautiful than ever. Everything is razed and blown apart, simply put a feast for the eyes… We will have to talk about the next day. In my view, we will give plots to all those who fought for Gaza over the years.” – I am convinced, based on my experience in court, that South Africa’s legal team will win, says Boyle. The final verdict can take a long time – even years. For example, the Court is still dealing with Gambia’s case against Myanmar from 2019. – Then it is up to the sheriff to enforce the sentence, and not the judge, says Boyle with a reference to the UN Security Council. If the verdict is in favor of the Palestinians, there may be consequences for Israel. Two outcomes in particular are relevant, according to Boyle: Israel could be thrown out of the UN General Assembly. Palestine can become a full member of the UN.
ttn-69
Israel is accused of genocide in Gaza – the hearings start today – news Urix – Foreign news and documentaries
