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ICJs ruling in genocide case against Israel to be test for global community – lawyer

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Published January 13,2024


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If the International Court of Justice (ICJ) imposes the provisional measures sought by South Africa after producing compelling proof assembly all the components of genocide in opposition to Israel, the worldwide neighborhood, notably Washington will probably be put to the take a look at, a senior US lawyer advised Anadolu in The Hague.

Diala Shamas described South Africa’s case listening to on the ICJ as a “historic moment,” and stated it’s worthwhile to journey to The Hague to witness the genocide case in opposition to Israel.

Shamas famous that South Africa started his arguments by reminding the court docket of the context that started in 1948, saying: “Referencing 75 years of apartheid, hearing that from a South African official was, of course, moving for Palestinians in the world.”

She underlined how South Africa “made a very compelling case meeting all of the elements of genocide.”

Commenting on Israeli verbal arguments earlier than the ICJ, she stated: “We saw nothing.”

She added that Israel has repeatedly used the identical arguments in court docket because it has in public and in interviews to justify the whole lot it does in response to Hamas.

“I don’t believe it was a very effective argument,” the lawyer careworn, including, “Genocide is never lawful. There is no self-defense exception for genocide.”

– All eyes needs to be on US

Shamas expressed hope that the court docket will do the “right thing and issue preliminary measures soon,” stressing that on a regular basis issues.

She believed that this might be a take a look at for the worldwide neighborhood as finally, different nations are permitting Israel to proceed with out accountability or withdrawing their help, she stated.

“And I’m speaking chiefly about the United States that has been unconditionally supporting Israel,” she added.

“With preliminary measures from the court of the world, I think that we’ll all be looking to the US and Europe to a certain extent, but really the US and how they respond and hoping that they, you know, withdraw their military, political and diplomatic support to Israel,” she added.

The lawyer careworn that “the big question” is what the US will do with the Security Council and whether or not it should veto efforts to implement the ICJ decision.

“This ultimately, unfortunately, comes down to a political question,” she stated.

As the South African lawyer stated yesterday, the very worth, legitimacy, and credibility of worldwide legislation are hanged within the steadiness on this case, she remarked.

– Public hearings

On Thursday, South Africa offered laborious proof within the case it filed on Dec. 29, accusing Israel of genocide and violations of the UN Genocide Convention with its actions within the Gaza Strip since Oct. 7.

The South African aspect is requesting an injunction by the highest UN court docket to halt Israel’s army assault on Gaza, which has dragged on for greater than three months.

The 84-page submitting by South Africa accuses Israel of acts and omissions “genocidal in character, as they are committed with the requisite specific intent … to destroy Palestinians in Gaza as a part of the broader Palestinian national, racial and ethnical group.”

It says Israel’s genocidal acts embody killing Palestinians, inflicting them severe bodily and psychological hurt, mass expulsion from properties and displacement, imposing measures meant to stop Palestinian births, and deprivation of entry to enough meals, water, shelter, sanitation, and medical help.

It was adopted by Israel’s protection the subsequent day, through which the nation denied committing genocide and claimed to the ICJ that it was solely defending its individuals.

The ICJ concluded hearings by asking that each events of curiosity stay on the court docket’s disposal to supply any extra data as required.

It stated: “The court will render its order on the request for the provisional measures submitted by South Africa as soon as possible.”

Source: www.anews.com.tr

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