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South Africa’s Memorial to the ICJ: More Evidence…

15 62
03.11.2024

The timing, as with so much in the ongoing wars in Gaza and Lebanon, was most appropriate. The Israeli Knesset had signalled its intent on crippling and banishing the sole agency of humanitarian worth for Palestinian welfare by passing laws criminalising its operations by 92 to 10 on October 28.

The attack on UNRWA also came with a contemporaneous legal effort, this time from South Africa. Pretoria had already made its wishes clear on December 28, 2023 in filing an application in the International Court of Justice alleging “violations by Israel regarding the [United Nations] Convention on the Prevention and Punishment of the Crime of Genocide […] in relation to Palestinians in the Gaza Strip.” Acts and omissions by Israel, argued the South African government, were alleged to be of a “genocidal” nature, “committed with the requisite specific intent … to destroy the Palestinians in Gaza as part of the broader Palestinian national, racial and ethnical group.”

By May 10, South Africa had filed four requests seeking additional provisional measures with modifications to the original provisional measures laid down by the ICJ. The momentum, and frequency of the actions, even gave certain commentators room to wonder: Was Israel’s own due process rights regarding judicial equality and the right to be heard compromised? Israel had promised to submit written observations by May 15 to the ICJ when faced with the sudden announcement on May 12 that the court would be holding an oral hearing instead.

These debates have been taking place before the concerted, dedicated, enthusiastic pulverisation of Gaza, and the ongoing killing, terrorisation and displacement of Palestinians in the West........

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