South Africa will take diplomatic middle stage because it takes Israel to the U.N.’s prime court docket on a landmark case over “genocide” in Gaza.
Pretoria is sending a few of its prime attorneys to The Hague for a authorized showdown on the International Court of Justice (ICJ) the place it’s in search of to compel Israel to halt its army operations in Gaza.
“They are an A-team,” mentioned Cathleen Powell, a global regulation professor on the University of Cape Town.
“They combine people with expertise in international law with people who are particularly good at arguing cases before court.”
It is South Africa’s first utility to the ICJ in a transfer that analysts say was influenced by historic and political causes.
The ruling African National Congress (ANC) has lengthy been a agency supporter of the Palestinian trigger, typically linking it to its personal wrestle in opposition to the white-minority authorities, which had cooperative relations with Israel.
Anti-apartheid icon Nelson Mandela famously mentioned South Africa’s freedom could be “incomplete without the freedom of the Palestinians.”
Addressing ANC supporters this week, President Cyril Ramaphosa mentioned Mandela’s teachings impressed the authorized motion, describing the case as a “matter of principle”.
“The people of Palestine today are being bombed, they are being killed,” he mentioned.
“We were duty-bound to stand up and support the Palestinians.”
Legal ‘A-team’
Its authorized group consists of John Dugard, a former U.N. particular rapporteur on human rights within the occupied Palestinian territories and an affiliate at main worldwide regulation agency Doughty Street Chambers, which additionally counts Amal Clooney amongst its members.
Seasoned litigator Tembeka Ngcukaitobi, who has handled politically thorny home instances, together with the jailing of former president Jacob Zuma, can also be a part of the group.
In an 84-page submission, the attorneys urged judges to order Israel to “immediately suspend its military operations” in Gaza, alleging Israel “has engaged in, is engaging in, and risks further engaging in genocidal acts.”
Legal commentators have famous the appliance is tightly argued and totally referenced.
Israel has angrily hit again, with authorities spokesman Eylon Levy calling the case an “absurd blood libel.”
It has chosen British lawyer Malcolm Shaw to symbolize it on the ICJ.
Shaw is taken into account one of many world’s main consultants on worldwide regulation and has appeared earlier than the ICJ prior to now, in response to Israeli each day Haaretz.
Throughout his profession, Shaw has “developed an international reputation for advising on territorial disputes; law of the sea; state succession; state immunity; recognition of foreign governments and states; human rights; self-determination, international arbitration and international organizations,” in response to his profile on Essex Court Chambers.
He has additionally suggested varied governments, together with the U.Ok., Ukraine, United Arab Emirates (UAE), Serbia and others.
Apart from the ICJ, Shaw has beforehand been concerned in instances on the European Court of Human Rights, the European Court of Justice, and different prime courts around the globe.
Shaw is reported to be one of many 4 attorneys to symbolize Israel on the ICJ hearings, however names and particulars of the opposite authorized consultants are but to be introduced.
Israel has killed over 23,000 Palestinians in Gaza, in its response to the Oct. 7 Hamas incursion. It has decreased massive components of the Gaza Strip to rubble with its bombing marketing campaign.
ICJ hearings begin Thursday and a choice is predicted in a matter of weeks.
While its choices are binding, the ICJ has no method of imposing them and they’re typically fully ignored.
Source: www.dailysabah.com