SA made a sterling representation case at the International Court of Justice in Hague on Thursday.
The bone of contention is the genocide against Israel, after South Africa launched a case last month at the ICJ against Israel for what it said were “genocidal” acts in Gaza, seeking an emergency suspension of military activities.
The high delegation of SA comprised of the minister of Justice Ronald Lamola, Gvt representatives, lawyers, SA’s ambassador to Netherland, and others.
“If you look at the genocide statutes, it clearly says those who are complacent in aiding and abetting genocide will be prosecuted. And the US will be found wanting in this case because the weapons used in Gaza is from the US,” says former ambassador Dr Kingsley Makhubela, who said on “substantive issues”, that South Africa has a strong case.
“Later on, South Africa would need witnesses and it all depends if those people would go and testify. If the witnesses do not testify and argue their points, the court could treat this as hearsay. My fear is that the people who South Africa has referenced is unlikely to take to the witness stand.”
Ambassador Welile Nhlapo supported the move, saying that he believes should South Africa succeed in its legal battle against Israel, the implementation of the court order may prove problematic.
While Israel was one of the first countries to sign the Genocide Convention, Nhlapo said everything happening in Gaza contains elements that are in contravention of that convention.
“Implementation is problematic which would mean that the matter be brought up to the UN Security Council. So there is a second phase that we can rely on,” he said.
Nhlapo added that the deafening silence from many African countries not vocalising support for South Africa could be levelled down to what he termed “cheque-book diplomacy”.
“It is not very nice but it is happening. There is also intimidation that is happening. Many African States depend on Israel or its allies, including the US, for many things. So those countries are under immense pressure.
“Some of them quietly will indicate fears because they have been threatened by Israel and the US and its allies,” he said.
During his address to large contingent of press outside the ICJ, the minister said its not about the Jews but the Palestines in Gaza.
Asked if he’s confident they will win the case, a very coy Lamola did not commit, but said they look forward to a good response.
Most of the analysts support the stance taken by SA, as it asks for ICJ to halt military operations in Gaza.
SA delegation led by esteemed lawyer Tebeka Ngcukaitobi, wraps-up representations on Friday.
Israel will present its case next.
Image (SA makes history as it ask for ICJ to halt military operations in Gaza).
