Israel Genocide Prosecution Will Take Years.
Human Rights Watch (HRW) warned today that the case filed by South Africa at the International Court of Justice (IJC) against Israel for genocide in the Gaza Strip could take years, but could also require immediate measures.
The CJI begins on Thursday to consider accusations of genocide in the Gaza Strip, following a complaint filed on December 29 by South Africa against “the atrocities committed by Israel”.
The Tel Aviv Government promised, on January 02, to be present in court at the first hearings in The Hague, to oppose accusations of violation of the Convention on the Prevention and Punishment of the Crime of Genocide, adopted in 1948, which is expected to happen, according to the human rights organization, on Friday (12th).
Welcoming that this is the first time that Israel will have to present “a formal response before an independent and impartial court to allegations of atrocities against the Palestinian people since October 07, 2023” – the date on which it declared war on the Palestinian movement Hamas –, the HRW warns, in a statement released today, that the process could take years to reach a decision.
However, the organization highlights that South Africa asked the court to order “provisional measures to protect the Palestinian people in Gaza from further harm”, which will be under analysis in the first hearings.
“Among the provisional measures requested are Israel’s immediate suspension of its military operations in Gaza and compliance with its obligations under the Genocide Convention,” says HRW.
The southern African country, the statement continues, “is also seeking measures to prevent the destruction and ensure the preservation of any evidence related to the underlying case”, which involves giving the Gaza Strip access to fact-finding missions or international mandates .
South Africa has asked the ICJ to issue these measures “with extreme urgency,” HRW notes, “stating that Palestinians in Gaza are in ‘urgent and grave need of the protection of the Tribunel'”.
In their request, the Pretoria authorities also want the international court to demand that Israel be informed about compliance with the provisional measures within a week of their issuance and then at regular intervals until the final decision is made.
Specifically, South Africa accuses Israel of killing Palestinians in “large numbers, causing them serious physical and mental harm”, of imposing “measures designed to prevent births”, as well as mass expulsions and displacements and deprivation of food and water adequate medical care, shelter, clothing, hygiene and sanitation, and even causing the “destruction of the fabric of Palestinian life in Gaza”.
Furthermore, South Africa, which claims to have evidence through “numerous statements from Israeli political and military officials”, argues that the acts of genocide attributed to Tel Aviv must be placed in the “broader context” of its conduct towards the Palestinians. “during its 75-year ‘apartheid’, its 56-year belligerent occupation of Palestinian territory and its long blockade of Gaza.”
“South Africa’s case concerns Israel’s obligations under the Genocide Convention and brings its conduct in Gaza into focus before the United Nations’ highest judicial body.”
Balkees Jarrah, associate director of international justice at HRW, was quoted in the statement as saying.
The official notes that, in Pretoria's request, urgent measures are at stake to protect Palestinians, “who face catastrophic living conditions as a result of war crimes committed by the Israeli authorities”.
Israel reacted on December 29 to the South African accusations, commenting that they “are devoid of factual and legal foundations and constitute a despicable and contemptuous exploitation” of the ICJ.
“South Africa cooperates with a terrorist organization [Hamas] that calls for the destruction of the State of Israel”, added the spokesperson for the Israeli Ministry of Foreign Affairs.
The ICJ is responsible for resolving international legal disputes between States, with individual responsibilities for assessment by the International Criminal Court (ICC), also based in The Hague.
The most recent conflict between Israel and Hamas was triggered by the Palestinian Islamist movement's unprecedented attack on Israeli territory on October 07, killing around 1.140 people, most of them civilians, according to official figures from Tel Aviv.
In retaliation for the attacks on October 07, Israel, which promised to eliminate the Palestinian movement considered terrorist by the European Union and the United States, launched a large-scale offensive in the Gaza Strip, where, according to the local government, more than 23 have already been killed. thousand people, mostly women, children and teenagers.
The conflict also caused around 1,9 million people to be displaced (around 85% of the population of the Gaza Strip), according to the UN, plunging the overpopulated Palestinian enclave into a serious humanitarian crisis.
Picture: © 2023 DR
