ICJ hears call for ceasefire as South Africa accuses Israel of genocidal intent in Gaza

South Africa presented its case to the International Court of Justice (ICJ) on Thursday, accusing Israeli leaders of explicitly declaring genocidal intent in Gaza and seeking provisional measures to protect Palestinians.

The hearing, the first in a case filed by Pretoria against Israel on December 29, may take years for the ICJ to reach a final ruling. Lawyer Tembeka Ngcukaitobi, representing South Africa, argued that the Palestinian population in Gaza had been systematically decimated, with approximately one percent killed and one in four injured since the outbreak of the war on October 7, 2023.

An extraordinary feature of the case, Ngcukaitobi noted, was the explicit and systematic genocidal intent declared by Israel's political leaders, military commanders, and officials. He cited Israeli Prime Minister Benjamin Netanyahu's reference to "Amalek" in an October 28 address, urging soldiers to remember the Biblical command for retaliatory destruction.

The Jerusalem Post reported Israeli authorities' plans to present footage of the October 7 Hamas attack at the ICJ, but South Africa opted not to showcase graphic materials, emphasizing a foundation of clear legal rights in its case. Israel is set to present its arguments on Friday as pressure mounts for an end to hostilities. South Africa's ambassador to the Netherlands, Vusimuzi Madonsela called for provisional measures, including the immediate suspension of Israel's military operations in Gaza. The ICJ is expected to rule on emergency measures later this month.

Since the launch of Israel's offensive, nearly all of Gaza's 2.3 million people have been displaced, leading to a humanitarian crisis. South Africa's filing alleges Israel's failure to provide essential assistance to Gaza, including food, water, and medicine. Israeli foreign ministry spokesperson Lior Haiat criticized South Africa, accusing it of functioning as the "legal arm of the Hamas.

Lawyer Vaughan Lowe, speaking for South Africa, emphasized the importance of the ICJ asserting its authority and ordering compliance with obligations under the Genocide Convention.

He stated, "It's hard to think of a case in recent history which has been so important for the future of international law and of this court."