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South Africa Alleges Israel Seeks to Destroy Gaza in Rafah Offensive at ICJ


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On Thursday, South Africa returned to the International Court of Justice (ICJ), alleging that Israel's military operations in Rafah, a city in the southern Gaza Strip, are part of a broader plan to annihilate Gaza and its people. Pretoria's latest application to the world court follows its earlier allegations of genocide against Palestinians in Gaza. This recent appeal marks South Africa’s fourth submission since Israel declared war on Hamas following the terror group's attack on Israeli civilians on October 7.

 

South Africa's Arguments

The South African delegation, comprising local and international legal experts, argued vehemently against Israel's military actions. They claimed that the Israeli Defense Forces (IDF) offensive in Rafah would exacerbate Gaza’s already dire humanitarian crisis and ultimately lead to the destruction of the last habitable area in the region. 

During two and a half hours of oral arguments, the South African legal team emphasized the need for the ICJ to intervene decisively. They argued that Israel had previously ignored court orders and warned that the court's credibility would be at stake if it did not act now. South African Ambassador to the Netherlands, Vusimuzi Madonsela, alleged, “Israel’s genocide has continued apace since the last court hearing and has just reached a new and horrific stage.”

 

Legal Claims and Humanitarian Concerns

The South African representatives highlighted the severe humanitarian implications of the Rafah offensive. They stressed that a full-scale assault would violate the Genocide Convention, which prohibits "deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part." Professor Vaughan Lowe argued that Israel's actions in Rafah were intended to make Gaza uninhabitable, thereby achieving Israel’s "end game for Gaza to be utterly destroyed as an area of human habitation."

Tembeka Ngcukaitobi, another member of the South African legal team, supported these claims, stating, “From the onset, Israel’s intent was always to destroy Palestinian life and to wipe them off the face of the earth. Rafah is the final stand.” 

 

Requests for Court Orders

Initially, South Africa's application sought to halt the IDF operation in Rafah. However, this request was amended to call for an end to all Israeli military operations in Gaza. Additionally, the South African delegation urged the court to ensure “unimpeded access to Gaza for humanitarian aid” and to allow investigators to examine allegations of war crimes and genocide. The team also requested that Israel provide a public report within one week detailing the measures it would take to comply with the court’s orders.

 

Israel’s Response and Current Situation

Israel has maintained that the IDF operations are necessary to combat Hamas, which it considers a terrorist organization. Israeli authorities noted that despite the ongoing military operations, they have facilitated the transfer of humanitarian aid through the Kerem Shalom Crossing. According to the Coordinator of Government Activities in the Territories (COGAT), 248 trucks carrying humanitarian aid entered Gaza on Wednesday, along with two fuel tankers. However, the UN Office for the Coordination of Humanitarian Affairs reported that aid distribution had been significantly hampered by the conflict.

 

Allegations of Genocide

South Africa also raised serious accusations of genocide, citing inflammatory remarks by Israeli officials and purported evidence of mass graves in Khan Younis. These graves were reportedly dug before Israeli forces entered the area, according to analysis by the New York Times. Nonetheless, South Africa used these claims to bolster their argument of genocidal intent, essential for the ICJ to issue binding orders against Israel.

 

Looking Forward

The ICJ's ruling on the emergency measures is expected next week. However, a final decision on the underlying genocide charges could take years. Israel will present its defense on Friday, with its ambassador to the United Nations, Gilad Erdan, criticizing the short notice for the hearings as insufficient for proper legal preparation.

 

Credit: Times of Israel 2024-05-18

 

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Update: Israel Rebukes South Africa’s Gaza Genocide Claims at International Court of Justice

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On Friday, Israel strongly contested South Africa’s accusations of genocide at the International Court of Justice (ICJ) in The Hague. The hearing was part of ongoing proceedings initiated by South Africa, which alleges that Israel's military actions in Gaza constitute an attempt to commit genocide against Palestinians.

 

South Africa's legal team argued that Israel's limited offensive in Rafah, a city in southern Gaza, aimed to destroy what they described as the last habitable area of the enclave. They claimed this constituted part of a broader genocidal strategy and requested the court to order an immediate halt to Israel's military operations.

 

In a robust rebuttal, Israel's legal representatives accused South Africa of grossly distorting facts and misusing international legal procedures. They highlighted Israel’s continued facilitation of humanitarian aid into Gaza, despite the conflict. They argued that South Africa's interpretation of the Genocide Convention was an attempt to unjustifiably involve the ICJ in the tactical management of the conflict with Hamas, which is not within the court’s jurisdiction.

 

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Israel's Deputy Attorney General for International Law, Gilad Noam, criticized South Africa's stance, saying, “South Africa presents the court for the fourth time with a picture that is completely divorced from the facts and circumstances.” Noam insisted that Hamas bears responsibility for endangering Palestinian civilians by embedding military assets among the civilian population in Rafah.

 

Noam emphasized that Israel has avoided a large-scale operation in Rafah to prevent civilian casualties, despite Hamas’s use of human shields and civilian infrastructure for military purposes. He warned that accepting South Africa's demands would undermine Israel's right to self-defense and embolden Hamas to continue its attacks without repercussion.

 

Israel also pointed to South Africa's political alignment with Hamas, evidenced by the recent hosting of Hamas officials in Johannesburg. Noam accused Pretoria of not using these meetings to press Hamas on crucial humanitarian issues, such as the release of hostages and the cessation of attacks on civilians.

 

Tamar Kaplan Tourgeman, legal adviser to Israel's Foreign Ministry, refuted South Africa's claims about Israel's alleged blockade on Gaza. She cited specific figures, noting that hundreds of aid trucks, including 365 on Thursday alone, had entered Gaza recently through crossings that Israel had reopened or expanded.

 

Kaplan Tourgeman dismissed South Africa's genocide claims as baseless, asserting that Israel's actual practices and governmental policies reflect a commitment to humanitarian aid and the protection of civilians, even amid ongoing hostilities. She argued that South Africa’s selective interpretation of statements by Israeli officials was misleading and intended to support their unfounded genocide allegations.

 

In conclusion, Kaplan Tourgeman warned against the dangerous precedent that accepting South Africa's request could set, arguing it would undermine international law and legitimize continued aggression by Hamas. She stressed that Israel’s military actions are aimed at combating a terrorist organization and not at targeting Palestinian civilians, urging the court to recognize the complexities of the situation and the inherent right of Israel to defend itself against ongoing threats.

 

Credit: Times of Israel 2024-05-18

 

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12 hours ago, thaibeachlovers said:

I came to the same conclusion a couple of months ago, but I dare say it's a point of view held by many more now than then.

 

It was obvious what was planned from October onwards.

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3 minutes ago, billd766 said:

And if you believe anything that the times of Israel says and prints, then you must be blinkered.

 

   Now put up or shut up .

What is untrue about the report above ?

Why are you suggesting that they are lying and what are they lying about ?

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On 5/18/2024 at 2:56 AM, BangkokReady said:

 

It was obvious what was planned from October onwards.

Maybe so, but back then it would have been foolish to have said so on here, or anywhere, but it's so obvious now that it's is being discussed in the highest court on the planet.

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Decision due today, Friday.

 

Israel said bracing for worst as ICJ to rule Friday on demand to order end to Gaza war
‘No power on Earth will stop Israel,’ says government ahead of World Court’s ruling on South Africa’s bid to have Jerusalem ordered to end Rafah operation, or even entire war

https://www.timesofisrael.com/israel-said-bracing-for-worst-as-icj-to-rule-friday-on-demand-to-order-end-to-gaza-war

 

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https://x.com/CIJ_ICJ/status/1793556139344527479

 

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On 5/19/2024 at 5:47 AM, thaibeachlovers said:

Maybe so, but back then it would have been foolish to have said so on here, or anywhere, but it's so obvious now that it's is being discussed in the highest court on the planet.

Indeed, as you know, posts removed such for suggesting such a thing. 

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