Genocide case

Published January 12, 2024

SOUTH Africa’s brave attempt to bring Israel to justice for its crimes against the people of Gaza must be lauded. Hearings at the International Court of Justice began on Thursday in the case Pretoria has brought against Tel Aviv for breaching the 1948 Genocide Convention.

Observers the world over have been crying out loudly that, in the aftermath of the Oct 7 events, Israel has unleashed nothing short of the ‘final solution’ upon the hapless people of Gaza in the name of destroying Hamas.

As a result, over 23,000 people have been butchered, including thousands of children, in one of the worst atrocities committed by a state against a civilian population in the modern age.

Certainly, with the siege, starvation, forced displacement, and bombardment of Gazans, Israel has proven through words and deeds that it seeks to eliminate the Palestinian people.

Its politicians and generals have used blood-curdling language to justify the slaughter of Palestinians, and have followed up these shocking threats with acts of barbaric violence.

And as the UN Security Council, OIC, Arab League and other multilateral fora have done nothing to stop the slaughter, it is hoped that proceedings at the ICJ can help bring about a ceasefire.

It is a matter of shame that no Arab or Muslim state lodged the case, leaving the task to South Africa.

Perhaps South Africa’s own courageous struggle to dismantle the vile system of apartheid — one Israel seems to be replicating — prompted Pretoria to speak up for Palestine.

The Muslim and Arab states should now legally and morally support the South African effort. Pakistan and others have made positive statements in this respect.

The actual case may take years, but as an interim measure, the court can ask Israel to stop the bloodshed. Tel Aviv has dismissed the legal procedure, while its Western friends, specifically the US and UK, have criticised South Africa’s move.

While any decision is not enforceable, a moral victory will have been won if Israel is held culpable of genocide. The Palestinians will be keeping an eye on The Hague to see if their lordships order an end to their nightmare, or if Israel succeeds in sabotaging the legal process.

Published in Dawn, January 12th, 2024

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