South Africa-Israel genocidal case

South Africa-Israel genocidal case – Israel dismissed South Africa’s (SA) application to the Hague as baseless and distorting of facts. Professor Malcolm Shaw, submitted to the court, SA did not gave Israel a reasonable time to respond on its notes, instead it rushed to the court seeking an order of the court to provisional stop the war. He argued that there is no dispute Israel did not have the right to respond to SA’s notes.

The Israeli Prime Minister Benjamin Netanyahu, accused SA of being a legal arm of Hamas. In response, South Africa’s Minister of International Relations Dr Naledi Pandor said the bombardment of innocence Palestinians in Gaza is their focus.

Israel’s legal facts and submissions

Professor Shaw, pointed out that SA has to prove that there was an intent on Israel side to act in a manner in which it carried out its operations, “if there is no intent we are therefore talking about other international human rights”, he argued.

Galit Raguan representing Israel, argued that SA has to show that genocide is relevant in relation to intent. ” The application is distorting in that it prevents the court from having the time to carefully assess the case. Yes, today in the 84-page submission by SA to this court, Hamas was mentioned once”, she said.

Dhari Sender, dealt with applicable law and submitted that Myanmar’s case in which the genocide convention has been adopted demand a careful accession of the proceeding before the order is made, and that the lack of agency they (SA) could not state clear that Israel is remain bound at all times it find in a situation to obey.

Considerations to be noted

According to Raguan, many civilians death are caused by Hamas. Her submissions was that Hamas is hiding under school, hospitals, churches and United Nations facilities and continues to miss firing rockets.

She further argued that South Africa neglected to mentioned Hamas operations under hospitals. “Hospitals are at risk because of Hamas. Hamas’ strategy is to turn hospitals into military operations. The IDF works full-time it has established units to evacuate civilians it does this even when Hamas does not allow this to happen”.

Dhari Sender, stated that Israel continues to supply water in Gaza through its two pipelines. “Injured persons are being transported through Rafa boarder to Egypt and Qatar. All the ampler shows the legal facts that Israel meet its obligations to secure the people of Gaza.

Israel- why the order should not be granted?

Christopher Taker is a lawyer representing Israel, argues that, “if South Africa’s order were to be granted Israel will suffer from a replicables damage including its citizens”.

Suspending military operation is frankly astonishing. The Russia- Ukraine case doesn’t apply, in Russian case it was necessary to suspend military operations.
The human suffering of and conflict is not a prove of genocide.
Hamas will be able to launch its rocket to Israel.
Hamas has made clear that is to fight Israel.
Provisional measure will enable Hamas to build its military capabilities.
Punishment of genocide should not be done urgently.

Israel Deputy Attorney General, said South Africa’s application seeks to show Israel as lawless state, and that its application lacks merit and baseless. “Israel remain committed with International law. If the order it were to be allow it will give terrorists power to hide under the court. I ask the court to reject the case and remove it from court list”. He concluded.