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JOHANNESBURG. – President Cyril Ramaphosa has said he was proud of the way the South African legal team presented its case against Israel at the International Court of Justice (ICJ) in the Hague in The Netherlands this week.
Pretoria wants the Israeli government to stop what it calls a genocide of the people of Palestine. Mr Ramaphosa said the country’s case is based on principle and South Africa’s commitment to the cause for the liberation of Palestine.
He says this was a proud moment for South Africa.
“I must say that I have never felt as proud as I felt today when our legal team was arguing our case in the Hague and I never felt as proud when I see Ronald Lamola the son of this province standing there in that court introducing our case. Bathi abanye that the Palestinians that were there, many of them cried because they have a sense that South Africa is probably the only country that is standing by them through these trials and tribulations.”
Justice Minister Ronald Lamola said South Africa has brought Israel before the International Court of Justice (ICJ) to stop the suffering of Palestinians.
Mr Lamola said Israel had oppressed Palestine for decades.
“The violence and the destruction in Palestine and Israel did not begin on the 07th of October 2023. The Palestinians have experienced systemic oppression and violence for the last 76 years. On the Gaza Strip, at least since 2004, Israel continues to exercise control over the airspace territorial, waters land crossings, water, electricity and civilian infrastructure,” says Lamola.
The South African representative at the court Vusi Madonsela said the international system had failed to prevent genocide in Gaza. Israel has disposed Palestinians of their land.
“In our application, South Africa has recognized the ongoing Nakba of the Palestinian people through Israel’s colonization and their internationally recognised right of return as refugees to their towns and villages in what is now the state of Israel,” says Madonsela.
Meanwhile, Israel’s lead counsel Malcolm Shaw was one several representatives of Israel’s legal team to take the stand on yesterday in the International Court of Justice (ICJ) genocide hearing against them.
In his oral observation, Shaw said Israel had a right to defend itself against the October 7 attack by Hamas. His sentiments echoed that Tal Becker who took to the stand before him.
“How could anyone possibly argue that Israel could not defend itself, faced with the 7 October atrocities and the incessant attacks against its civilians since? Indeed, a very wide range of states have acknowledged the right of self defence… Israel bears the responsibility to exercise its protection over its citizens, not only those constantly subjected to bombardment from Gaza but also, and critically, with regard to those captured and held hostage as a result of the 7 October outrage. These rights exist and cannot be disregarded,” said Shaw.
Shaw said that not every conflict is genocidal and echoed the description of a genocide being “the crimes of crimes”, saying: “If such claims become common currency of conflict, its essence would be diluted and lost.”
According to Shaw, the October 7th attack by Hamas was the “real genocide”, and later in his oral observation said “If there is any genocidal intent, it is the events of October 7.
Shaw’s arguments focused on proving there is no “dispute” between Israel and South Africa regarding the Genocide Convention, instead calling it a “unispute”.
The actions of a solider cannot reflect policy, says Shaw after South Africa argued that IDF soldiers are taking orders in terms of genocidal intent.
There were some light moments where Shaw also misplaced pages of his presentation, chuckling “I’ve lost my page”, and later claiming his presentation had been mistaken for a deck of cards by someone, joking his presentation had been shuffled. – IOLNews
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