South Africa Calls for Global Testimony at ICJ on Israeli Genocide

By Al Mayadeen English

The ICJ is currently examining arguments from more than 50 states after a 2022 request by the UNGA for a non-binding opinion on the legal consequences of the Israeli occupation.

South Africa's Ambassador to the Netherlands, Vusimuzi Madonsela, urged nations worldwide to provide testimony in the case filed against Israeli atrocities in Gaza at the International Court of Justice (ICJ). In January, South Africa initiated the genocide case, leading to the ICJ's subsequent order for the Israeli regime to cease its genocidal actions in Gaza, among other measures.

The court is currently considering arguments in a separate case concerning the prolonged Israeli occupation of Palestinian territory, initiated over a year ago following a request from the UN General Assembly.

The hearings, which commenced on February 19, are set to conclude this Monday. Over 50 countries and various regional blocs, including the African Union and the Organization of Islamic Cooperation (OIC), presented their perspectives before the 15-judge bench at the United Nations' principal court. During the second hearing on Tuesday (Feb. 20), South Africa's representative, Madonsela, characterized Israeli policies toward Palestinians as an "extreme form of apartheid."

“As South Africans, we feel, see, hear, and feel deep within ourselves the inhumane discriminatory policies and practices of the Israeli regime, which constitute an even more extreme form of institutionalized apartheid against black people in my country,” Madonsela said.

The big picture

On February 22, Ma Xinmin, a Chinese Foreign Ministry legal advisor, said during the hearings that China “has consistently supported the just cause of the Palestinian people in restoring their legitimate right."

“Chinese President Xi Jinping has stressed on multiple occasions that China calls for a comprehensive ceasefire and the early solution to the question of Palestine on the basis of a two-state solution through negotiation,” he said.

He highlighted that the assertion is made that, "in the pursuit of the right to self-determination," the Palestinian people view the use of force as an "inalienable right" to "resist foreign oppression" and establish an independent state.

China has formally requested the International Court of Justice (ICJ) to provide its legal opinion on the illegality of the Israeli occupation of the Palestinian territories.

"Justice has been long delayed, but it must not be denied," China's Foreign Ministry's legal advisor told the Court in The Hague, in the Netherlands.

"Fifty-seven years have passed since Israel began its occupation of the OPT (Occupied Palestinian Territories). The unlawful nature of the occupation and sovereignty over the occupied territories remain unchanged," he said.

On his part, Raza Najafi, Iran's Deputy Foreign Minister for legal and international affairs, stated at the ICJ that “we remain at a turning point in the history” of humanity.

“The opinion of this court can set the ground for saving the lives of thousands of innocent women and children and contribute to the legitimate demand of the people deprived of their inherent right to self-determination,” he said.

Najafi then outlined a series of actions that, according to him, constitute the continued violations by the Israeli occupying regime, from the extended occupation to changes in demographic composition in the occupied territories, alterations to the character and status of the Holy City, discriminatory measures, and violations of the rights of the Palestinian people to permanent sovereignty over their natural resources.

In his concluding statements at the ICJ, Najafi asserted that "the lack of action or inadequate action by the Security Council" is one of the "primary factors contributing to the prolonged occupation of the Palestinians."

“All the atrocities and crimes committed by the Israeli regime in the past almost eight years are a consequence of such inaction,” he said.