Israeli genocidal acts causing irreparable harm on Palestinians: South Africa at ICJ
The International Court of Justice (ICJ), which is headquartered in Hague in the Netherlands, is the UN's principal legal body. Read More
The Hague/Cape Town: South Africa Friday December 29, 2023 filed a lawsuit against the Zionist Regime in Israel at the International Court of Justice (ICJ) asking it to ensure immediate end to the ongoing war in Gaza which is causing irreparable harm to the Palestinians.
The ICJ, which is headquartered in Hague in the Netherlands, is the UN's principal legal body. It settles disputes between the member states and gives advisory opinions on international legal issues.
In its application at the UN Court, South Africa requested that the ICJ declare "on an urgent basis that Israel is in breach of its obligations in terms of the Genocide Convention, should immediately cease all acts and measures in breach of those obligations and take a number of related actions".
“South Africa and Israel are both Members of the United Nations and therefore bound by the Statute of the Court, including Article 36 (1), which provides that the Court’s jurisdiction “comprises all matters specially provided for in treaties and conventions in force”, Cape Town said in its 84-page application at the International Court of Justice (ICJ).
"South Africa is gravely concerned with the plight of civilians caught in the present Israeli attacks on the Gaza Strip due to the indiscriminate use of force and forcible removal of inhabitants," it said.
"Furthermore, there are ongoing reports of international crimes, such as crimes against humanity and war crimes, being committed as well as reports that acts meeting the threshold of genocide or related crimes... have been and may still be committed in the context of the ongoing massacres in Gaza."
Giving detailed statistics of the devastation caused by the occupation forces in Israel, South Africa in its lawsuit at ICJ said as of the date of this application (December 28, 2023), an estimated 21,110 Palestinians have been killed in Gaza, including at least 7,729 children. 55,243 Palestinians have been injured, including at least 8,663 children, of whom over 1,000 are amputees, disabled for life. Approximately 70 per cent of those killed are said to be women and children.
“One Palestinian child in Gaza has been killed approximately every 15 minutes since Israel commenced military action in Gaza on 7 October 2023. Thousands more are missing under the rubble”, South Africa said.
About the grave situation in Gaza, South Africa further said that 61 hospitals and health care facilities in Gaza have been damaged or destroyed; many have been placed under siege or have been subjected to forced evacuation, and only 13 hospitals are still partially functional, weighed under by mass overcrowding. 311 health workers have been killed, many while working, meaning that many of the wounded, including seriously injured children, cannot access healthcare.
"An estimated 5,500 women are having to give birth in unsafe conditions every month. Babies are dying from preventable causes: in addition to disease and malnutrition, premature babies have died due to lack of fuel to supply hospital generators; others have been found decomposing in their hospital cots, medical staff having been forced to evacuate", South Africa said.
"Over 60 per cent of homes in Gaza have been damaged or destroyed. Vast swathes of Gaza have been destroyed, including entire villages, refugee camps, towns and cities that have been or are deliberately being rendered uninhabitable", it said.
"Israel has made a humanitarian response impossible with constant bombardment, including of safe routes. 1.9 million people, nearly 85 per cent of the population, are displaced, including elderly, wounded and disabled people, living in makeshift tents, lacking any or adequate sanitation and water, in United Nations schools and with relatives", it added.
"The entire population is facing starvation: 93 per cent of the population in Gaza is facing crisis levels of hunger, with more than one in four facing “catastrophic conditions” — with death imminent", it said.
Strongly calling for immediate halt to the Israeli aggression and urging the court to protect the Palestinians, South Africa said:
"The 2.3 million Palestinians in Gaza, including over a million children, are extremely vulnerable. There is a grave threat to their existence. They are in urgent and severe need of the Court’s protection."
"With each passing day that Israel’s military attacks continue, further significant loss of life and property is being caused, and grave human rights violations are being committed. There can be no doubt that the requirements for the indication of provisional measures are satisfied here", it added.
Israel as usual rejected the allegation, calling it "baseless".
"Israel rejects with disgust the blood libel spread by South Africa", the foreign ministry said.
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