Israel says it is waging war against Palestinian militants, not the Palestinian people.

To defend its accusation of genocidal acts, South Africa also pointed to Israel’s sustained bombing campaign and to comments by Israeli Defence Minister Yoav Gallant, who said early in the war that Israel would impose a total blockade as part of a battle against “human animals”.

“The evidence of genocidal intent is not only chilling, it is also overwhelming and incontrovertible,” Ngcukaitobi said.

The 1948 Genocide Convention, enacted in the wake of the mass murder of Jews in the Nazi Holocaust, defines genocide as “acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group”.

Emergency ruling

Since Israeli forces launched their offensive, nearly all of Gaza’s 2.3 million people in Gaza, one of the world’s most densely populated places, have been driven from their homes at least once, causing a humanitarian catastrophe.

“Every day, there is mounting, irreparable loss of life, property, dignity, and humanity for the Palestinian people,” said Adila Hassim, advocate of South Africa’s high court.

“Nothing will stop the suffering, except an order from this court.”

Post-apartheid South Africa has long defended the Palestinian cause, a relationship forged when the African National Congress’ struggle against white-minority rule was cheered on by Yasser Arafat’s Palestine Liberation Organisation.

South Africa concluded its arguments by requesting emergency measures to stop the war, and the court will listen to Israel’s response on Friday.

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The court is expected to rule on possible emergency measures later this month but will not rule at that time on the genocide allegations - those proceedings could take years.

The ICJ’s decisions are final and without appeal - but the court has no way to enforce them.

In its court filings, South Africa cites Israel’s failure to provide food, water, medicine and other essential assistance to Gaza, where Hamas seized power in 2007, two years after Israel withdrew settlers and soldiers from the enclave.

Hamas official Sami Abu Zuhri told Reuters that the group was following the court proceedings with great interest.

“Justice is going to be tested today,” he said. “We urge the court to reject all pressure and take a decision to criminalise the Israeli occupation and stop the aggression on Gaza.”

Reuters

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