Less than two weeks after the opening of hearings at the International Court of Justice in The Hague, as part of a petition lodged by South Africa against Israel for alleged "genocide" in the Gaza Strip, the court is anticipated to deliver in the coming days a ruling on the petitioner's request for a provisional order to halt the war.
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While deliberations pertaining to the petition could last for months and years, Pretoria seeks to compel Israel to cease hostilities via provisional measures enacted by the court. Should such an order be issued and Israel opts to disregard it, it may face sanctions and international isolation.
During the hearing, South Africa requested provisional measures comprising nine directives against Israel. These include a call for a cease-fire, the withdrawal of IDF forces from Gaza, cessation of all military activities, the introduction of aid to Gaza and measures to deter and penalize incitement to genocide, among others.
They highlighted the disproportionate number of Gazan civilian casualties, including risks of death from hunger and disease due to blocked aid, arguing these actions breach international law. Additionally, evidence was presented of IDF soldiers celebrating the destruction in Gaza and brandishing the Israeli flag.
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Prof. Malcolm Shaw represents Israel in case
(Photo: AP / Patrick Post, UN, EPA/REMKO DE WAAL)
The defense addressed the October 7 massacre committed by Hamas terrorists, countering the claims of excessive bombing. They stated, "Remarkably, counsel for the Applicant described the suffering in Gaza as 'unparalleled and unprecedented', as if they are unaware of the utter devastation wrought in wars that have raged just in recent years around the world."
The Israeli defense highlighted Hamas' use of human shields, contributing to increased casualties. They argued, "Hamas has systematically and unlawfully embedded its military operations, militants and assets throughout Gaza within and beneath densely populated civilian areas. This is not an occasional tactic. It is an integrated, pre-planned, extensive and abhorrent method of warfare. is an integrated, pre-planned, extensive and abhorrent method of warfare."
At the conclusion of the second day of hearings on January 12, where the Israeli defense presented its case, the legal team representing Israel expressed satisfaction, believing they effectively countered South Africa's accusations. However, there remains concern that political factors might intertwine with legal considerations, potentially leading to a decision biased against Israel.