The lawyer spoke before the Minister of Justice of South Africa, Ronald Ramola, and has placed Israel ' s position in history: "Violence and destruction against Palestine did not begin on 7 October 2023; 76 years ago Palestinians suffered from oppression and systematic violence." Recalling the words of Nelson Mandela, he has determined the details of the conflict: Extending our hand to the Palestinian people, we are fully aware that we are part of a single humanity." That is the idea that South Africa has taken to sign the Treaty on the Prevention and Suppression of Genocide the day after apartheid and hence Israel ' s complaint to the International Court of Justice. In essence, Israel also has a pact written in 1948 the day after the Holocaust of the Second World War.

Evidence of genocide

Ms. Adana Hassim spoke on the basis of article 2 of the Covenant on the Prevention and Suppression of Genocide. He says that the "systematic" tone of the attacks by Israel in the Gaza Strip, "Palestine occupied since 1967", complements the character of genocide. That is why, knowing that it is going to be years before we know the resolution on genocide, South Africa wants Israel’s aggression to be stopped immediately. Here is a passage from Hassim's words:

"In the last 96 days, Gaza Israel has suffered the most violent bombardment in the history of modern war. Palestinians in Gaza are under the bomb heading through the sea, air and land. Famine, dehydration and disease, death, also await them, and this is because of the siege organized by Israel, the destroyed cities and the scant help they get... precisely because of the bombings. They do not have the basic elements to guarantee life."

For her part, Attorney Tembeka Ngcukaitobi has demonstrated her "intention" to lead the genocide in Israel, through statements by her Israeli representative. Among others, statements by Prime Minister Benjamin Netanyahu, "Hamas has infiltrated communities and started to eradicate them [7 October] in Israel." It has been demonstrating Israel's intention to "destroy all the Palestinian people", not just Hamas. He also mentioned the joy and pride of the Israeli soldiers in the face of the death of the Palestinians, setting out some videos as an example. He has just spoken: "Gaza has become a territory of death and disappointment for Israel. (...) The intention to destroy Gaza and its citizens is clear and rooted in Israeli policy. (…) The uniqueness of this issue lies not in silence, but in the repetition of the discourse in favour of genocide, and this from all spheres of the State of Israel."

Duty to prevent genocide

"The peoples of South Africa and Israel have in common the history of suffering and each state has signed the Treaty on the Prevention and Suppression of Genocide to reach the end of this human suffering." Attorney John Dugard starts talking about these words. Trying to explain the choice to go to the International Court of Justice. Before going to the Hearing, South Africa has taken other ways: since 7 October Israel has been warning of the genocide of what happened in Gaza, but Israel has never answered it and, worse still, refuted the accusation. South Africa is proposing to Israel ways of dialogue, but the latter has never given it the approval. In view of the discrepancy between the two States, South Africa has therefore come to the International Court of Justice under Article 9 of the Treaty.

Immediate: End of Israeli attacks

Max du Plessis is a lawyer who has focused on violations of Palestinian rights to explain the need for immediate action, the end of Israel’s attacks. Deploying the violation of fundamental rights and the risk of genocide, it seriously regrets the attitude of Israel, the "occupant": "Israel believes it is above and beyond the law"; "Israel is deeply disregarding international law". He stressed the intentions of the Government of Israel: "We have evidence of this genocial intention in the statements of Israeli leaders and soldiers."

Plessis speaks clearly: "The agreement obliges all parties to prevent and punish any genocide and to comply with the protection of all groups of citizens. Any infringement of the convention and of the rights must be tried. If this were not the case, then I would like to say that the Palestinians are being sent less dignified, that the Court does not exercise its powers, that it is turning its back on its case law and that it is closing its eyes to human rights violations in Gaza."

Even if they witness genocide, in "stillness."

Attorney Blinne Ni Ghralaigh has unequivocally presented the reality of Gaza by describing through data the daily macabre of the citizens of Gaza. In this regard, it has also called for a measure to immediately stop Israel’s attack: "The risk of death, damage and imminent destruction forces us to do so. Fame, ability and pretension to protect every citizen on equal terms are at stake."

He spoke hard about the "inaction" of international authorities: "Since 19 October 2023, the international community has not taken into account the warnings of the Palestinian genocide risk. The international community has failed, does not fulfil its obligations towards the Palestinians, despite the genocidal statements of the Israeli representatives and the attacks of the Israeli army."

He ends his speech with the idea of: "We are witnesses who see what happens in Gaza directly by telephone, computer or television. It is the first genocide in history in which the victims directly show us their deterioration, in the hope that the world will do something, in the hope that at the moment it will be useless. As Red Cross says, Gaza is a "moral mistake." As the leaders of the UN have stressed, this error affects the people of Gaza and the generations to come, as they will never forget the hell suffered for more than 90 days and the violations of the basic principles of humanity."

"Nothing justifies genocide"

Lawyer Vaughan Lowe was the last to speak. "It's not good for Israel to do what it can to prevent civil strife -- constant bombings show us that it's not. Reality tells us the opposite of what Israel tells us."

Recalling that gauze is an occupied territory, counsel has also determined: The right to self-defence under Article 51 of UN law cannot be exercised as it is an occupied territory. Another important idea, explained in detail by Low: "Nothing can justify genocide." Despite the denunciation of the Hamas attack of 7 October, it has made it clear that in the world and in legislation nothing can justify genocide.

Requested in nine points

In the Netherlands, the South African ambassador, Vusimuzi Madonsela, has finally spoken, asking the International Court of Justice and Israel South Africa on nine points. The end of Israeli military operations, the appeal to Israel not to hinder humanitarian aid, the implementation of measures to stop/prevent genocide, the call to Israel not to hinder the investigation of genocide, among other things the mandate not to end the evidence, is what South Africa requests from the International Court of Justice.

On 12 January Israel has its plea.