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ICJs ruling in genocide case against Israel to be test for global community – lawyer

ICJs ruling in genocide case against Israel to be test for global community – lawyer

Published January 13,2024


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If the International Court of Justice (ICJ) imposes the provisional measures sought by South Africa after producing compelling proof assembly the entire components of genocide in opposition to Israel, the worldwide group, notably Washington shall be put to the check, a senior US lawyer advised Anadolu in The Hague.

Diala Shamas described South Africa’s case listening to on the ICJ as a “historic moment,” and mentioned it’s worthwhile to journey to The Hague to witness the genocide case in opposition to Israel.

Shamas famous that South Africa started his arguments by reminding the courtroom of the context that started in 1948, saying: “Referencing 75 years of apartheid, hearing that from a South African official was, of course, moving for Palestinians in the world.”

She underlined how South Africa “made a very compelling case meeting all of the elements of genocide.”

Commenting on Israeli verbal arguments earlier than the ICJ, she mentioned: “We saw nothing.”

She added that Israel has repeatedly used the identical arguments in courtroom because it has in public and in interviews to justify every part it does in response to Hamas.

“I don’t believe it was a very effective argument,” the lawyer burdened, including, “Genocide is never lawful. There is no self-defense exception for genocide.”

– All eyes ought to be on US

Shamas expressed hope that the courtroom will do the “right thing and issue preliminary measures soon,” stressing that on a regular basis issues.

She believed that this may be a check for the worldwide group as in the end, different international locations are permitting Israel to proceed with out accountability or withdrawing their help, she mentioned.

“And I’m speaking chiefly about the United States that has been unconditionally supporting Israel,” she added.

“With preliminary measures from the court of the world, I think that we’ll all be looking to the US and Europe to a certain extent, but really the US and how they respond and hoping that they, you know, withdraw their military, political and diplomatic support to Israel,” she added.

The lawyer burdened that “the big question” is what the US will do with the Security Council and whether or not it’s going to veto efforts to implement the ICJ decision.

“This ultimately, unfortunately, comes down to a political question,” she mentioned.

As the South African lawyer mentioned yesterday, the very worth, legitimacy, and credibility of worldwide regulation are hanged within the stability on this case, she remarked.

– Public hearings

On Thursday, South Africa offered laborious proof within the case it filed on Dec. 29, accusing Israel of genocide and violations of the UN Genocide Convention with its actions within the Gaza Strip since Oct. 7.

The South African aspect is requesting an injunction by the highest UN courtroom to halt Israel’s army assault on Gaza, which has dragged on for greater than three months.

The 84-page submitting by South Africa accuses Israel of acts and omissions “genocidal in character, as they are committed with the requisite specific intent … to destroy Palestinians in Gaza as a part of the broader Palestinian national, racial and ethnical group.”

It says Israel’s genocidal acts embody killing Palestinians, inflicting them severe bodily and psychological hurt, mass expulsion from houses and displacement, imposing measures supposed to forestall Palestinian births, and deprivation of entry to satisfactory meals, water, shelter, sanitation, and medical help.

It was adopted by Israel’s protection the subsequent day, during which the nation denied committing genocide and claimed to the ICJ that it was solely defending its individuals.

The ICJ concluded hearings by asking that each events of curiosity stay on the courtroom’s disposal to supply any extra data as required.

It mentioned: “The court will render its order on the request for the provisional measures submitted by South Africa as soon as possible.”

Source: www.anews.com.tr