Join us for a free screening of the January 11 International Court of Justice (ICJ) proceedings in the case South Africa vs Israel. The screening follows the public hearing of the South African Oral Argument at the ICJ which asks the court to take measures in order to “protect against further, severe and irreparable harm to the rights of the Palestinian people under the Genocide Convention” and “to ensure Israel’s compliance with its obligations under the Genocide Convention not to engage in genocide, and to prevent and to punish genocide”. The screening will be preceded by remarks by Craig Mokhiber, former United Nations human rights official and a specialist in international human rights law, policy, and methodology. On October 28, 2023, Mokhiber stepped down as the director of the New York office of the United Nations High Commissioner for Human Rights (OHCHR), four days before he was due to retire. In his letter to the UN High Commissioner, he harshly criticized the organization's response to the war in Gaza, calling Israel's military intervention a "textbook genocide" and accusing the UN of failing to act.
Craig Gerard Mokhiber (born in 1960) is an American former United Nations (UN) human rights official and a specialist in international human rights law, policy, and methodology. On October 28, 2023, Mokhiber stepped down as the director of the New York office of the United Nations High Commissioner for Human Rights (OHCHR), four days before he was due to retire.[1][2] In his final letter to High Commissioner Volker Türk, he harshly criticized the organization's response to the war in Gaza, calling Israel's military intervention a "textbook genocide" and accusing the UN of failing to act.[3]
Transkript PART 1 hi everyone can everyone hear me cool thank everyone for coming we are0:27 really excited to um host you all for this screening of South Africa's case0:35 against Israel's uh genocide against the Palestinians we are uh really excited to0:42 host this but actually I want to first thank the comrades who have actually put0:48 this event together um let me know if I forgot anyone but Leah Nat khabba Siara0:56 and Michael Felix and Felix these comrades actually came to our1:03 volunteer meeting on Monday and gathered together after the meeting talking1:11 through what was happening what was going to happen today and wanting to be1:16 in community with folks who also wanted to see the screening together and also create a space where we could discuss1:24 and build together so I really want to thank the comrades and show that as an1:30 example oh yeah we could give them a round of1:36 applause and I want to highlight that because our volunteer meetings are really a space for folks to come1:44 together and take action together and we want to encourage everybody who's here1:49 today to also join us this coming Monday for another volunteer meeting and we're1:56 going to be out in DC this Saturday if folks haven't already bought your ticket2:02 uh please do so we're going to be mobilizing and we're really excited to bring another 100,000 plus to the2:10 streets of DC to make sure that the politicians in DC that genocide Joe2:16 knows that the people of the US are not for this genocide I want to welcome everyone to2:22 the people's Forum thank you again for coming um we're a space that has existed2:28 for now for the past 5 years and we were created to really Foster and nurture2:37 moments like this when organizations and people were ready to move to take into action and then also to learn and be2:44 building together and we're really excited to continue the work and be that2:50 space for folks to take action and learn together so we hope that this isn't your first or your last time and we want to2:56 see you again I'm going to pass it on to habba who's going to introduce our uh3:02 speaker thank you it's so wonderful to see all of you3:07 here thank you for being here um this event was a joy to put together and I'm so glad we were able to have this3:14 because as we know this is such an important and historic Court proceeding and we just wanted to have the3:19 opportunity for everyone to be able to watch it together but also we are so3:24 excited to have Craig mber here who is going to help us contextualize um this3:30 these important proceedings give us some background on the importance of this case he recently stepped down as the3:38 Director of the New York office um the United Nations office for human rights3:43 the High Commissioner in response to the United Nations lack of response in3:49 Palestine um calling it a textbook genocide so we really commend his staunchness and are so excited to hear3:55 what he has to say regarding these proceedings so um without without further Ado please welcome Craig mckyer4:02 thank you for being here thank you very much habba thanks to everybody at the people's for I wish I4:08 could be there in in person uh I wanted to visit that space and maybe next time uh i' I've I've escaped from New York4:15 recently and so I haven't had the opportunity yet but I will I will on one of my my visits and thanks for everybody4:21 for being here and thanks to everybody for carrying about what's happening today Hab you used the right word which4:27 is historic this is an absolutely historic day and everyone in the room who's going to be watching South4:32 Africa's presentation today to the international court of justice will be witnessing history in the making um this4:39 is a day that is being buzzed about not just by International lawyers but by4:44 people all around the world who care deeply about Justice and have been deeply frustrated by the impunity that4:50 Israel has enjoyed over a period of many decades now as it continues the persecution and dispossession of the4:57 Palestinian people and now genocide side um as well and you know what we saw in5:04 the presentation that you're going to see from South Africa was a truly brilliant uh case5:12 presentation that set out with it seems to me an indisputable description of the5:19 uh active engagement in genocide that Israel is perpetrating as we speak and5:26 it's something very beautiful and very poetic even in this dark moment in history that it is South Africa that is5:33 making the presentations that you are going to see uh tonight South Africa5:38 that survived and struggled and overcame apartheid even as it was being supported5:43 by the entire Western world including the government uh of the United States5:49 uh that's something truly I think remarkable that they are presenting this5:54 case before the international court of justice it's interesting that that6:00 1948 was the year that the genocide convention was adopted it was the year6:05 that the universal Declaration of Human Rights was adopted it was the year that apartheid was established in South6:12 Africa and it was the year of the nakba the first genocidal purging of6:17 Palestinians uh in uh in Palestine and now all of these 75 years later because6:24 of the struggle of people uh all around the world we have the survivors of apartheid in South Africa defending the6:32 Palestinian people from apartheid and genocide in Palestine There's Something Beautiful about that there's something6:39 um really impressive about that and when you see the strength of the case that's being presented here that is in in part6:46 due to the commitment of South Africa to the Brilliance of their legal team but in some sense I think you will see that6:53 it is a case that writes itself you know when the genocide convention was uh established uh 75 years ago it set out a7:02 specific legal definition for uh for genocide and um you know uh it it didn't7:10 uh leave it up to sort of editorial opinion right uh it said that in order for it to be genocide you have to have7:18 the identification of a particular group based upon their ethnicity or their religion or other status you have to7:25 have a set of specific acts like killing people like causing extreme harm to7:32 people as a group like creating conditions of Life designed to bring about the destruction of that group like7:39 preventing births so these specific acts you have to have at least one of them in this case South Africa has shown that7:46 Israel is committing every one of those acts against the Palestinian people um7:51 and then you have to have this other thing because those can just be war crimes crimes against humanity but for7:57 it to be genocide you have to have this specific intent to destroy the group in8:02 whole or in part as a group in this case the Palestinian people who are uh who are in in Gaza and um you know mostly8:11 when you try uh to prove a case of genocide what you're doing is you are8:17 digging through Dusty government archives and you're looking for secret8:22 Communications between government officials where they then honestly say what it is that they are trying to do8:29 but because Israel has enjoyed so much impunity underwritten by the United8:34 States and by much of the western world for so many years they have been convinced that they8:41 will not be held accountable and so from the very beginning uh of October you8:47 know senior leaders in Israel have been declaring their genocidal intent publicly and on the record and here I'm8:54 not talking about some peripheral actors here and there I'm talking about the president the Prime Minister as the9:01 brief of South Africa shows at least seven ministers in the government senior9:06 military leaders soldiers on the ground all openly declaring their genocidal9:13 intentions and then carrying them out on the ground as the world watches in horror because they are convinced that9:20 they will not be held accountable well what South Africa is doing in the international court of justice the9:26 highest International Court in the world also known as the world court is that9:31 they are creating a crack I have said in a 75-year wall of impunity and it is the9:39 job of all of us to force that crack open wider and wider so that the light of Justice can shine through and so that9:46 we can bring hope not just to the Palestinian people but to people all around the world who are struggling against these kinds of atrocities um the9:54 international court of justice is not the international criminal court right so it's not where10:00 individuals are tried for crimes it's a state-to-state court and it is empowered under the10:06 genocide convention the main International treaty that deals with genocide empowers the international10:12 court of justice to take on these genocide cases and South Africa has stepped up to bring Israel to the dock10:19 and that's what you're going to be witnessing is the arguments happening here now there are two things that the10:24 court has been asked to do one of them is to decide on Israel's Commission the crime of genocide and then to make10:31 recommendations on what needs to be done about that but perhaps even more importantly is that South Africa is10:37 asking for what are known as provisional measures that's like an injunction immediate action to be ordered by the10:44 court because you can't wait for two years for the the the court case to be settled but immediate action that South10:51 Africa is asking for because they've identified a prima fascia a basic plausible case that genocide may be uh10:59 happening in in Palestine and that's really important because the court can rule on that in a matter of days or in a11:04 couple of weeks at the most and what South Africa is asking for as provisional measures is that Israel be11:12 ordered to stop its attack on Gaza to withdraw its forces to end the siege to11:18 allow again the food and medicine and water and sanitation and uh and fuel uh11:24 and electricity and and uh humanitarian Aid and all of that to get back in11:29 uh to save the Palestinian people who have survived thus far um and to11:35 preserve evidence and to allow International fact finding in all of those things that Israel has been11:40 preventing as it carries out this genocidal assault on 2.3 million civilians who are caged who are locked11:47 inside Gaza with no way out uh who have been subjected to an absolutely brutal siege for many years now and now who are11:55 being picked off like fish in a barrel uh in their tent tens of thousands by12:01 the Israeli uh genocide um so this is a a remarkable12:07 case and you will hear South Africa lay it out step by step they will show that this is happening in a context which did12:14 not just start um uh uh you know in October but that it12:22 is a part of a larger assault on the Palestinian people that has included 75 years of Apartheid of ethnic cleansing12:30 and purges um of uh belligerent occupation in the occupied territories12:36 of a total Siege en closure on the Gaza Strip um uh and you know how how12:42 wonderful it is to see a country that has survived apartheid now coming to the defense of another people that is being12:48 subjected to apartheid and they raised that in their in their petition as well and they show clearly that the the12:55 targeted group is Palestinian people uh in Gaza but they say that this is connected to what's happening in the13:01 West Bank as well where we're seeing wholesale military assaults on Palestinians in the West Bank settler13:08 pograms uh attacking Palestinians on the West Bank the ethnic cleansing of several Villages the killing of hundreds13:14 the imprisonment of thousands as we speak uh on the West Bank and South Africa points out how that is also a13:21 part of the of the same case ultimately and then they show with great clarity13:27 with much evidence that the acts that are prohibited in the genocide convention are being committed all of13:32 them and they then say Point by Point some of the horrific genocidal13:39 statements of intent coming from the Israeli leadership that leaves no doubt that this is not about a war against13:45 Hamas this is not about releasing hostages if it was about releasing hostages you wouldn't drop bombs on13:51 where they're living uh but this is in fact a wholesale ethnic Purge of the Gaza Strip and a commission of the crime13:59 of genocide so if uh we as we expect to14:04 Prevail in this case South Africa gets the court to rule on these provisional measures to be implemented we can fully14:12 expect that Israel will probably refuse to implement them some or all of them14:17 and that the case will then go to the security Council in the UN the United States will almost certainly then veto14:23 to prevent Israel from being forced to implement the decision of the Court will then move into the general assembly of14:30 the United Nations that will be able because the majority of countries in the world will agree uh to adopt measures to14:36 try to force Israel to act and it will also go to the courts of any country genocide is known as a crime of14:42 universal jurisdiction it means that it can be enforced in any Court anywhere but it will also fall on all of us14:50 because what's going to make the difference in this case of genocide and the broader struggle for justice uh the14:57 struggle against apartheid the struggle for Palestinian Liberation struggle for human rights all around the globe is15:02 what people movements Civil Society all of us do to demand accountability for15:08 perpetrators and redress for victims and Justice uh in this case and respect uh15:13 for international law that's being so blatantly um violated here and that's going to happen through things like15:19 boycott and divestment and sanctions um uh you know demonstrations in the15:25 streets um uh you know mobilizations like we have never had before that are helping15:31 already to make uh to make a difference so uh this is a bright moment uh in what15:37 has been a very very dark period in our history and we owe a lot to South Africa15:43 for bringing this case I'll I'll probably uh stop there uh and I'm happy15:48 to take any questions if that's helpful or we can just uh roll the stream if that's uh if that's15:54 preferred sure we can is this on um if if anyone has any questions they'd like16:00 to ask I can come up and handle them16:05 sure do you expect the court to Grant all of the provisional measures that South Africa has requested or some of16:12 them more likely than others yeah I I uh fully expect that16:17 they will grant the provisional measures because the standard for granting the provisional measures is lower than the16:23 ultimate case it's just as I say kind of a plausibility um uh standard so I think they will grant provisional measures and16:29 I think the provisional measures that have been included there when you look at previous cases of this sort uh are16:35 consistent uh entirely reasonable and I would I would even argue necessary so yes I would expect uh that they would16:42 insist on an end to the attacks and the hostility withdrawal forces and allowing in um International Aid and turning back16:50 on the the electricity and the water and all of that um but again you know the challenge16:57 would be getting Israel to do that after 75 years of impunity but I I'm hopeful there are things that can be done in17:02 that front as well Haba grab the next17:07 one hi I just first wanted to say thank you so much for your actions um at the17:13 UN that was really inspiring for all of us thank you so much for doing that um17:18 and for being here I was wondering do you have thoughts on which countries will vote which way do you think we'll17:25 get the eight we need do you think we'll get more do you think we'll get17:31 less yeah I I think uh so in this first decision making process on the17:37 provisional measures I think there will be a majority of judges and I think that they will be granted it would be quite17:44 extraordinary it would take some remarkable judicial gymnastics uh in this case for the17:51 judges not to determine that provisional measures are warranted so I think we will we will succeed there now you're17:57 right to ask about the the judges um you know the president of the international court of justice at the moment is an18:04 American judge who has spent her entire career inside the state department18:09 working as a lawyer defending the US even in periods where the US was involved in complicity with violations18:16 against the human rights of the Palestinians right so that's not an ideal situation but and there are other18:23 judges who come from because they're not they they are independent judges right and they take an oath and they're18:28 supposed to be impartial and so on and they're not representing their countries but we know that judges are human beings18:35 we know that they come with their politics and their biases and we know that that does affect decision- making18:40 in every Court in the world and that and this court is no different in that regard however I think that the18:46 court um and I should say about that American judge she's only in that chair18:52 until the 5th of February because her term is ending and on the 5th of18:57 February she will not only step down as president but she will leave the court and she will be replaced by another American19:04 judge whose background still close to the American policy establishment but she comes from a kind of human rights19:11 organization background so a better profile in general uh and she will not19:16 be president the new president will be will be elected um so I hope I got a19:22 little off track there so where was I going with this yeah so the the judges um have their biases like all judges but19:29 they are also constrained they're constrained by the precedent of the Court this is a court that has ruled on19:34 Israel before 20 years ago they ruled on the illegality of the apartheid wall on the West Bank uh and they made a lot of19:42 decisions in that regard for example they ruled uh that Israel cannot claim self-defense for its activities in the19:49 occupied territories under article 51 of the charter uh because they are the occupying power and that will not give19:56 them the right to go to war or or to take Extreme Measures against Palestinians because they're the20:02 occupying power so some of this has been decided by this uh by this court and they've decided on genocide cases where20:09 they've had a much lower standard than what's being presented here so they couldn't simply just ignore that and20:16 move on um uh very easily they're also very much aware that the eyes of the20:22 world are on this case and uh and that they will be very limited on the mar20:29 in uh in not supporting what is um before them I would also say that the defense that's likely to come from20:35 Israel I'm happy to talk about that is going to be very weak uh in legal terms in legal terms20:42 right and I I think that what Israel will be presenting will be a case which is designed to try to affect public20:48 opinion in the west more than it is designed to affect the decisions of the judges because the the case against them20:55 is so overwhelmingly uh overwhelmingly daming but the judges won't be able to21:00 uh to throw it that way now there's a weird thing on the international court of justice which is that each of the parties to a dispute is able to actually21:09 add a judge called ad hoc judges for purposes of this case so they're also21:14 adding an Israeli judge and they're adding a South African judge the Israeli judge is no friend of Human Rights and21:21 no friend of the Palestinian people uh he is a jurist who has uh who has consistently ruled in21:28 favor of gross violations of human rights committed against Palestinians in the uh occupied territories uh uh and21:35 who has you know basically helped to codify racial discrimination in law and21:41 just very recently in in November he was quoted in an interview saying I totally21:46 agree with what the government of Israel is doing it may be proportional to kill five innocent children in order to21:52 Target their leader this is and he's he's now been appointed by Israel as their ad judge in21:58 the court now we can't worry too much about that because the South African judge will balance that off numerically22:04 right uh they'll they'll sort of cancel each other cancel each other out but it can create difficulties in the22:10 deliberations uh and so we have to factor that in with regard to the um to the judges as well but overall I don't22:17 think it you can go through the judges look at their the country that they came from and decide on that basis how22:23 they're going to vote that was that has not been the case in the past sometimes you get reflections of that you have a a22:30 very conservative judge from France uh who in the past has shown um I mean for22:37 example uh a previous decision uh with regard to Israel he raised a political22:43 objection which you don't hear from judges something to the effect that no we should not take this case on because22:49 it's not helpful to the political process well that's not the role of a judge and it showed bias in my view but22:55 I think overall the weight of the case the weight of the evidence the the uh23:01 Juris Prudence of the court that binds them the language of the genocide convention that binds them and the23:07 knowledge that the eyes of the world are on this case will prevent them from going particularly Rogue and I think23:13 that I think that the case and justice will prevail uh even over the objections of some of the some of the judges but I23:20 you know you never know until it's over I should say Ju Just in case you quote me when it all falls apart the United23:27 States and others in the west have mobilized very significant resources as have the23:34 Israelis to bring a pressure campaign to bear on other states first not to23:40 support South Africa's petition and the court and secondly to try to obstruct it23:47 politically and you know anything is possible at some point they may prevail they have a lot of ways to influence23:54 through fear or favor through carrots and sticks through pressure and bribes23:59 uh so so anything is possible but if you ask me today and having read the case and having followed this situation for a24:05 long time I would say that this is not winnable uh for for24:14 Israel have we'll take this this uh lady's question since the gentleman in front seated his place in line24:23 so um I'm kind of curious obviously the icj is very symbolic um in the sense24:30 that it has very limited resources and power to actually carry out the sentence24:36 were they to convict anyone or any state so in your opinion what would be the24:41 realistic outcome were Israel to be uh you know convicted by by the the court24:50 to be found guilty of genocide both um procedurally as well as um um I guess in25:00 a public sense symbolic sense well you're right that the25:06 symbolism is extremely uh important here uh you know a finding of genocide by the25:12 world court against a state is an enormously powerful legal statement but25:18 it's also a very powerful political statement right this is not a debate25:24 between you know pro-israel and Pro pales people this is a legal finding in25:30 the highest uh in the highest court that Israel is engaged uh in genocide as I25:35 said that the case is not only looking at the genocide although that's the legal issue to be decided but it's25:41 setting out a context of apartheid in persecution and uh ethnic cleansing and so on o o over um 75 years and that25:49 would be um uh very important I think politically um of course the US will do25:54 everything that it can to make sure that it remains only symbolic they will block enforcement in any way that they can as26:00 I said before if the Israel refuses to implement the decisions of the Court26:06 then it goes to the security Council for enforcement there the US will veto anything they will continue to protect26:11 Israeli impunity it'll go to the general assembly the assembly can adopt measures and individual states everywhere can26:18 adopt measures individually or collectively you know arrest warrants could be issued in in court cases um in26:26 individual states that would make it very hard for you know some of the perpetrators to travel for fear of being26:32 arrested uh on these on these indictments and remember that countries um have extradition treaties between26:39 them so it's not just the countries that issue uh uh an indictment or arrest warrant but it's some of the countries26:46 that participate with them and so you know Netanyahu will have to think very carefully about where where he travels26:52 um uh in this case and I should say just another legal point is that a finding of genocide by this court is going to26:59 impose obligations on all countries because all countries first all the parties to the genocide convention which27:05 is 156 countries something like that most of the countries in the world they are27:11 obliged to give effect to this decision as well they're obliged to uh to punish genocide to prevent genocide and to not27:18 be complicit in genocide uh and then to cooperate with what the court will decide so um they will have to take27:25 measures some of them won't but they that obl ation exists and people can press countries to take those measures27:30 based on that decision the other thing that could happen is as I as I hinted before is it could become the basis for27:38 uh sanctions for boycotts for divestment for public mobilizations for withdrawal27:44 of counselor relations for withdrawal of recognition of passports for withdrawal of diplomatic um uh missions for the27:51 ending of trade agreements for um uh for suspension from intern ational27:58 organizations until this the offending state is brought into compliance with what the court has ordered so this is28:05 very powerful we have another problem I don't know if I mentioned this but the prosecutor of the international criminal28:10 court which is a separate court uh is Thoroughly politically corrupted and biased and he has um28:19 dragged his feet to avoid acting on cases brought before him by Palestine28:25 for years now uh and he has refused to act on that and so far refused to act on28:31 the genocide happening in Gaza to the contrary he traveled to Israel uh to meet with Israelis and refused to go to28:38 Gaza uh and he has been obstructing the case these cases in the international criminal court but the pressure if28:45 there's a finding here that will increase the pressure on the international criminal court and the truth is the international criminal28:51 court which has focused you know almost all of his energy on uh Prosecuting28:57 people people of the South while exempting the West uh is losing its credibility more29:03 and more every day and it's legitimacy is hanging by a by a thread and this29:08 case could be either the end of the legitimacy of the international criminal court in the eyes of most of the world29:15 or an opportunity for the international criminal court to save itself by acting on it and they will be pushed by a29:21 finding of the international court of justice to not be able to ignore these cases um going forward and then on in29:27 addition you know the center for constitutional rights in the US has brought a case against officials in the29:32 Biden Administration for complicity in genocide complicity and genocide is a29:38 separate crime under the genocide convention and US support for Israel29:43 while it's committing genocide by providing weapons and Military Support and economic support and intelligence29:49 support and diplomatic support um uh using its veto um using the podiums of29:56 the state department the National Security Council the Pentagon the White House to disseminate Israeli propaganda30:02 and justifications for war crimes all of that adds up to Legal complicity for which they can be held accountable and a30:08 decision in the international court of justice will strengthen those cases so what happens here is not automatically30:15 going to be enforced and there will be opposition to its enforcement by powerful states like the US and the and30:20 the UK but nevertheless there is power in this and if we all continue to raise30:26 our voices we'll make it impossible for them to ignore what the Court decides uh in this30:33 case have time for one more question and we've got the which of you30:40 two make it a good one well well good s s late because um30:48 well uh well well today I well I just came came from I just came from protest30:55 for the for uh uh for um for uh31:03 for for C the closing J all to and so we so what31:13 what happened was in 911 I'm not the panian person I just he here I'm a pan31:19 supporter cuz the what what what happened was the okay so what I happened31:25 was the what happened in in since October 7 and now we're sitting here on31:34 in a 100 days since what happened the in G and Gaza were being31:41 bomed by uh by Isel so the thing is that we have to31:47 stop this we have to stop we have to stop stop this genocide or the Z because31:55 the S wisdom must go that's all I have to32:01 say can I ask my question okay um hi Craig uh first I just want to thank you32:07 for so clearly and concisely providing these answers for us especially for us that are not familiar with international32:14 law uh my question for you is maybe a bit more speculative and um I'm really curious about Russia and China's maybe32:22 calculus in this for the short-term uh Provisions or the long-term Court case32:27 they've of course been accused of genocide in Ukraine and the Wagers in China and I'm curious would that make32:35 them more reluctant to maybe vote in a in favor of South Africa's uh32:42 accusations today in in fear of maybe opening up a can of worms upon32:53 themselves um I mean so what you're asking me about is the judges right so again I mean they're they're not32:58 directly representing Russia and China there is a Chinese judge and there is a Russian uh uh judge uh on the court um33:07 uh so but but it's not like uh the security Council or the general assembly where they're they're going to directly33:12 take their state positions again they will behave as as judges and factoring these things in they will have certain33:18 biases uh that's for sure they may individually factor in National political um considerations there's no33:24 way for me to uh to to to know that for sure but on balance33:30 [Music] um yeah on balance I think the numbers will be okay you know again I I you33:38 never know until until it's over and there are others out there who I respect who are predicting the opposite who are33:43 simply sort of adding up the nationalities and saying well the numbers don't uh don't don't add up uh33:49 and again there's going to be uh we're going to be dealing with two panels of Judges depending33:55 on um you know depending on uh whether you're talking about these provisional measures34:01 in the first bite or or in the the case on the merits coming later because that switch happens in uh in in34:08 February uh but I don't know quite how to answer I would say it will be a factor for those judges just as National34:16 considerations are factors for some of the other uh judges I don't know if it34:22 will be determinative we'll have to wait and see the position that they take you know there's also the possibility because these are judicial proceedings34:28 that they can they can agree with the decision overall but descent on a particular piece or they can issue a34:35 separate decision where they go along with the majority but they do it from a different spin because they're trying to34:40 protect certain interests so that's often done in in these court cases that might happen with those uh those34:46 particular judges uh we'll just have to we'll just have to wait and [Music]34:51 see thank you so much um Craig for being here and for answering all the these34:57 questions giving us this information um so concisely and for clarifying35:02 everything can we get a round of applause please for everyone thank you very much thanks for35:09 thanks for caring thanks for coming together and I I think you're going to be moved with by what you are about to see I certainly was early this morning35:16 when I was uh when I was watching the proceedings it's it's very powerful and compelling stuff so thanks for35:22 everything that you do and I I hope to meet you all in person someday thank you35:30 so on that note we'll be moving on to watching the screening which I'm sure we're all very excited to get to um35:36 Nathaniel's going to come up and give us a little introduction about the structure of what we're about to see um35:42 briefly and um then we'll have we'll welcome everyone to the snacks we have over there and we can all get35:48 comfortable and start watching thanks how's it going y'all nice to see35:56 you again um but purely for my own mfic I'm curious how did you all find out about36:01 this event can you get like a show of hands like who was following the people's Forum Instagram account all36:07 right so the bulk of people's following some other Instagram account that said this or the website right Twitter okay36:15 good to know um so I won't I I won't take up too much of your time as far as36:20 I am I'm nobody important I promise you but I did also I'm I care a lot of about36:27 this and I saw the proceedings earlier today um we sort of got together to36:32 organize this screening because we figured that it would be of a lot of educational value to people we figured36:39 that it would be a notable moment it would be something that would that people would be interested in coming to36:45 see um and we were you know hopeful that South Africa would make a good case at the un uh or at the icj and when I36:55 watched the cour case this morning I think what we ended up with was the what I would argue is going to end up being37:02 one of the most important historical documents of the 21st century uh I'm not37:07 exaggerating when I say that so it it is truly it is truly historical it is an37:14 incredible it is an incredibly researched case um and it's also 3 hours37:20 long so I know that's I know that people here given that it's already a little late will probably I know people have37:27 time constraints so I'll give you a little bit of a guide to what the structure of everything is um South37:33 Africa will start with the they'll start with some preliminary remarks um and37:38 they'll start with an introduction to the case and then there will be six speakers total who will each present a37:44 different aspect of the case the first two speakers are uh adila hassim and I'm37:51 forgetting the name uh but adila hisim is talking about the current Act of genocide that Israel37:57 is committing and I thought I had the and Thena andai38:03 Toby is talking about the genocidal intent if you cannot stay for anything else stay for those two speakers I those38:12 to me are the most two of the mo like the most important parts of the entire38:19 case uh the third speaker is uh it's John it's John Dugard yeah it's John38:24 Dugard um who's I believe a professor who has a lot of experience dealing with the icj he's talking about jurisdiction38:31 and his section is one that we will probably skip no disrespect meant to John Dugard but again I know we have38:38 time constraints and I think his section is just the most abstract and the most legal EAS I highly recommend you go back38:46 and watch it on your own free time so we'll probably skip to the fourth uh speaker Maxes who will talk about the38:53 rights that they the rights that they're attempting the rights that are under threat and the rights that South Africa38:59 is petitioning to protect in Palestine um and then the fifth39:04 speaker another name I'm terrible with names uh was it the Irish gr also if you39:15 can stay for that long please stay for her speech it's incredible um it's she will be talking about the pressing the39:21 immediate need for uh the immediate need for um interventions and the final39:27 speaker will be talking about basically what are the actual interventions that what are the actual um provisionary39:34 measures that South Africa is asking for so that's kind of the the layout um I39:40 hope you all enjoy oh yeah get the snacks they're there for you I'm I'm not going to eat them all myself um and you39:48 know why don't we yeah you know what since people are getting up go go get the snacks and then we'll get everything we'll we'll get things39:55 started41:25 second starting the video but just first trunk is just the judges swearing41:32 oated to cause widespread hunger dehydration and41:37 starvation Israel's campaign has pushed gazin to the brink of famine and unprecedented 93% of the41:46 population in Gaza is facing crisis levels of41:52 hunger of all42:42 if anyone would like some water you can go outside this door take a left and you should be able to see a water fountain42:48 with some cups out this door to the left just kidding okay it's empty42:58 want just give us one moment and we'll try to figure out a water situation for43:25 everyone44:18 now44:25 cool44:45 [Applause]45:12 [Music]45:21 [Applause] please be seated45:34 the sitting is open the court meets today and will meet tomorrow under article 74 paragraph 3 of the rules of45:42 court to hear the oral observations of the parties on the request for the indication of provisional measures45:49 submitted by the Republic of South Africa in the case concerning application of the convention on the45:55 prevention and punishment of the crime of genocide in the Gaza Strip South Africa versus46:01 Israel the court does not include upon the bench a judge of the nationality of46:07 either party accordingly both parties Avail themselves of the right under article 31 paragraph 3 of the statute to46:14 choose a judge ad hoc South Africa has chosen judge dick gang Ernest Mosen and46:20 Israel judge aharon Barack article 20 of the statute provides that every member46:26 of the Court shall before taking up his duties make a solemn declaration in open46:32 court that he will exercise his powers impartially and conscientiously pursuant to article 3146:39 paragraph 6 of the statute that same provision applies to judges ad hoc before inviting judge46:47 Mosen and judge Barack to make first in accordance with custom say46:54 a few words about their careers and qualifications judge dick gang Ernest Mosen of South African nationality has47:01 had a distinguished career as a judge law practitioner and academic after obtaining degrees in English political47:09 science and law from the University of South Africa he practiced as an attorney and an advocate with the ptor bar in 2047:18 2001 he was appointed a judge on the high court in ptor and a year later he47:24 became a judge on the Constitution Court of South Africa where he was deputy chief justice for more than a decade and47:31 acting Chief Justice in 2013 and 2014 judge Mosen is also an honorary47:39 professor in the department of jurist prudence at the University of ptor and has served as a chancellor of the ptor47:46 technicon in the University of vitatron in y hanburg judge M has received47:52 numerous honorary doctorates and awards I I shall now say a few words about the47:57 career and qualifications of Judge Barack judge aharam Barack of Israeli48:03 nationality has had an eminent career as a judge and law professor he holds a PhD48:08 in law from the Hebrew University of Jerusalem and served as the dean of the faculty of law of that University48:15 between 1974 and 1975 he was appointed to the Israeli48:22 Supreme Court in 1978 and served as its president from 1995 to 2006 prior to48:30 joining the Supreme Court Judge Barack served as the Attorney General of the state of Israel between 194 1975 and48:39 1978 he has taught law in a number of law schools including yel University the48:45 Hebrew University of Jerusalem and the rikman university in herzelia Israel48:50 judge Barack has also written extensively in law and has received numerous honorary degrees and48:56 Awards in accordance with the order of Precedence fixed by article 7 paragraph 3 of the rules of court I shall first49:03 invite judge M to make the solemn declaration pres prescribed by the statute and I request all those present49:10 to49:15 rise judge Mica you have the49:23 floor I solemnly declare that I will perform my49:30 duties and exercise my Powers as a judge49:36 honorably faithfully impartially and49:43 conscientiously I thank judge M and I now invite judge Barack to make the solemn declaration prescribed by the49:50 statute judge Barack you have the floor I solemnly declare that I will perform49:55 my duties and exercise my Powers as judge honorably faithfully impartially50:02 and consciously I thank you judge Barack please be50:10 seated I take note of the solemn declarations made by judge adak Mosen50:15 and judge adak Barack and I declare them duly installed as judges ad hoc in the50:21 case concerning application of the convention on the prevention and Punishment of the CRI crime of genocide in the Gaza Strip South Africa versus50:29 Israel I shall now recall the principal steps of the procedure in the present50:34 case on 29 December 2023 the government of South Africa filed in the registry of50:40 the Court an application instituting proceedings against the state of Israel alleging violations by the latter of its50:46 obligations under the 1948 convention on the prevention and Punishment of the crime of genocide I shall refer to this50:53 convention as the genocide convention to found the jurisdiction of the Court South Africa invokes article 3651:00 paragraph 1 of the statute of court and article 9 of the genocide convention South Africa states that its51:08 applications concerns acts threatened adopted condoned taken and being taken51:14 by the government and Military of Israel against the Palestinian people a distinct National racial and ethnical51:20 group in the wake of the attacks in Israel on 7 October 202 three South51:26 Africa contends that the acts and omissions by Israel of which it complains are genocidal in character51:32 because I quote they are intended to bring about the destruction of a substantial part of the Palestinian51:40 national racial and ethnical group that being the part of the Palestinian group in the Gaza Strip end of quote South51:47 Africa asserts that the relevant acts are attributable to Israel which has failed to prevent genocide and is51:54 committing genocide and which has also violated and continues to violate other fundamental obligations under the52:00 genocide convention the application contains a request for the indication of52:06 provisional measures pursuant to article 41 of the statute of court and articles52:11 73 74 and 75 of the rules of Court according to South Africa I quote52:18 provisional measures are necessary in this case to protect against further severe and irreparable harm to the52:25 rights of the Palestinian people under the genocide convention which continued to be violated with impunity South52:32 Africa requests that the court indicate provisional measures to protect and preserve those rights as well as its own52:38 rights under the convention and to prevent any aggravation or extension of the dispute pending the determination of52:44 the merits of the issues raised by the application end of quote the registar52:50 will now read out the passage from the request specifying the provisional measures which the government of South52:56 Africa is asking the court to indicate you have the floor Mr53:01 registar thank you Madame President I quote one the state of Israel shall53:07 immediately suspend its military operations in and against Gaza two the53:14 state of Israel shall ensure that any military or irregular armed units which53:19 may be directed supported or influenced by it as well as any organization ations53:25 and persons which may be subject to its control direction or influence take no53:31 steps in furtherance of the military operation refer 2.1 above three the53:38 Republic of South Africa and the state of Israel shall each in accordance with their obligations under the convention53:44 on the prevention and Punishment of the crime of genocide in relation to the Palestinian people take all reasonable53:52 measures within their power to prevent genocide four the state of Israel shall53:59 in accordance with its obligations under the convention on the prevention and Punishment of the crime of genocide in54:06 relation to the Palestinian people as a group protected by the convention on the54:11 prevention and Punishment of the crime of genocide desist from the commission54:17 of any and all acts within the scope of article two of the convention in54:22 particular a killing members of the group Group B causing serious bodily or54:28 mental harm to the members of the group C deliberately inflicting on the group54:34 conditions of Life calculated to bring about its physical destruction in all or54:39 in part and the imposing measures intended to prevent birds within the54:45 group five the state of Israel shall person 2.4 C above in relation to54:52 Palestinians desist from and take all measures within its power including the54:57 resending of relevant orders of restrictions and or of prohibitions to55:03 prevent a the expulsion and force displacement from their homes B the55:09 deprivation of B1 access to adequate food and water B2 access to humanitarian55:17 assistance including access to adequate fuel shelter clothes hygiene and55:23 sanitation B medical supplies and assistance and C the destruction of55:29 Palestinian life in Gaza six the state of Israel shall in relations to55:35 Palestinians ensure that its military as well as any irregular armed units or55:41 individuals which may be directed supported or otherwise influenced by it55:47 and any organizations and persons which may be subject to its control direction55:53 or influence do not not commit any act described in four and five above or55:59 engage in direct and public in ient incitement to commit genocide conspiracy56:06 to commit genocide attempt to commit genocide or complicity in genocide and56:12 in so far as they do engage therein that steps are taken towards their punishment56:18 person to articles 1 2 3 and four of the convention on the prevention and P ment56:25 of the crime of genocide seven the state of Israel shall take effective measures56:31 to prevent the destruction and ensure the preservation of evidence related to allegations of Acts within the scope of56:38 article two of the convention on the prevention and Punishment of the crime of genocide to that end the state of56:46 Israel shall not act to deny or otherwise restrict access by fact56:52 finding Missions International man and other bodies to Gaza to assist in56:58 ensuring the preservation and retention of said evidence eight the state of57:04 Israel shall submit a report to the court on all measures taken to give effect to this order within one week as57:12 from the date of this order and thereafter at such regular intervals as57:17 the court shall order until a final decision on the case is rendered by the57:23 court nine the state of Israel shall refrain from any action and shall ensure57:29 that no action is taken which might aggravate or extend the dispute before57:35 the court or make it more difficult to resolve end of court I thank the57:41 registar immediately after the application containing the request for the indication of provisional measures57:47 was filed the deputy registar transmitted an original copy thereof to the government of Israel he also57:53 notified the Secretary General of the United Nations according to article 7457:58 paragraph 1 of the rules of Court a request for the indication of provisional measures shall have priority58:04 over all other cases paragraph two of the same article states that the court shall proceed to a decision on the58:11 request as a matter of urgency this imperative must however be balanced with58:16 the need to fix a date of oral proceedings in such a way as to afford the parties an opportunity to be58:22 represented at the hearings consequently the parties were informed that the date for the opening of the oral proceedings58:30 during which they could present their observations on the request for the indication of provisional measures had58:35 been fixed for Thursday 11 January 2024 at 10:00 a.m. I would now like to58:41 welcome the delegations of South Africa and Israel and I note the presence before the court of the agents and58:47 Council of both parties this morning the court will hear the single round of oral argument of South Africa which has58:54 submitted the the request for the indication of provisional measures it will hear Israel tomorrow morning at58:59 10:00 a.m. for purposes of this single round of oral argument each party will have available to it a 3-hour sitting in59:07 this first sitting South Africa May if required Avail itself of a short extension Beyond 1: p.m. today in view59:14 of the time taken up by these introductory remarks before I give the floor to the agent of South Africa I59:20 wish to draw the party's attention to practice Direction 11 which States as follows I quote in oral proceedings on59:27 the request for the indication of provisional measures parties should limit themselves to what is relevant to59:33 the criteria for the indication of provisional measures as stipulated in the statute rules and jurist Prudence of59:40 the Court they should not enter into the merits of the case beyond what is strictly necessary for that purpose end59:46 of quote I now give the floor to the agent of South Africa his Excellency Mr59:52 vuzi madona you have the floor Excellency1:00:02 Madame President distinguished members of the Court it is an honor and a privilege for1:00:08 me to appear before you today on behalf of the Republic of South Africa I wish1:00:14 to express my gratitude to the court for convening this hearing on the earliest possible date to entertain South1:00:21 Africa's request for the indication of provisional measures in this matter in our application South Africa has1:00:28 recognized the ongoing knar of the Palestinian people through Israel's1:00:34 colonization since 1948 which has systematically and forcibly1:00:39 dispossessed displaced and fragmented the Palestinian people deliberately1:00:45 denying them their internationally recognized inalienable right to1:00:51 self-determination and their internationally recognized right of return return as refugees to their towns1:00:56 and villages in what is now the state of Israel we are also particularly mindful1:01:02 of Israel's institutionalized regime of discriminatory laws policies and1:01:07 practices designed and maintained to established domination subjecting the1:01:13 Palestinian people to apartate on both sides of the green line decades long impunity for1:01:21 widespread and systematic human rights violations has emboldened Israel in its1:01:28 recurrence and intensification of international crimes in Palestine at the outset South Africa1:01:35 acknowledges that the genocidal acts and omissions by the state of Israel1:01:40 inevitably form part of a Continuum of illegal acts perpetrated against the1:01:46 people Palestinian people since 1948 the application places Israel's1:01:52 genocidal acts and OB s within the broader context of Israel's 75e aparate1:02:00 56e occupation and 16e Siege imposed on the Gaza Strip a Siege which itself has1:02:09 been described by the director of unrwa Affairs in Gaza as a1:02:17 silent killer of people as the committee on the1:02:22 elimination of racial discrimin ation warned on December1:02:28 21st hate speech and dehumanizing discourse targeted at1:02:34 Palestinians is Raising severe concerns regarding Israel and other states1:02:40 parties obligation to prevent crimes against humanity and genocide in the1:02:45 Gaza Strip This warning has been followed by a succession of warnings including by 371:02:53 United Nations uh special reporters of the failure of the International System1:02:59 to mobilize to prevent genocide in Gaza today we are joined in court by1:03:07 representatives of the Palestinian State the Palestinians who work in the field1:03:12 of Human Rights including residents of Gaza who were in Gaza just a few days1:03:19 ago they are some of the lucky ones who managed to get out of Gaza their future1:03:26 and the future of their fellow Palestinians who are still in Gaza depend on the decision this court will1:03:32 make on this matter with the leave of the court I now call upon his Excellency1:03:39 Mr Ronald lamola Minister of Justice of the Republic of South Africa to make South Africa's substantive opening1:03:49 remarks I thank the agent of South Africa for his statement and I now invite the minister of of justice and1:03:55 correctional services for the Republic of South Africa his Excellency Mr Ronald Lola to take the floor you have the1:04:01 floor Excellency thank you Madame President and distinguished members of1:04:07 the Court it is an honor for me to stand here in front of you on behalf of the1:04:13 Republic of South Africa on this exceptional case in extending Our Hands Across the1:04:20 the miles to the people of Palestine we do so in full knowledge that were part of a Humanity that is at1:04:28 one these were the words of our founding president nson Mandela this is the1:04:34 spirit in which South Africa acceded to the convention on the prevention and1:04:41 Punishment of crime of genocide in 1998 this is the spirit in which we1:04:48 approach this court as a Contracting party to the convention this is a1:04:53 commitment to owe to the people of Palestine and Israelites alike as previously mentioned the1:05:01 violence and the destruction in Palestine and Israel did not begin on the 7th of October1:05:07 2023 the Palestinians have experienced systematic oppression and violence for1:05:13 the last 76 years on 6 October 2023 and every day since October the 7th1:05:20 2023 in the Gaza strep at least since 20 04 Israel continues to exercise control1:05:28 over the air space territorial Waters land crossing water electricity and1:05:34 civilian infrastructure as well as over key government functions entry and exit1:05:40 by air and sea to Gaza is strictly prohibited with Israel operating the1:05:46 only two Crossing points given that continuing effective control by Israel and over the territory1:05:53 of Gaza Israel is still considered by International Community to be under1:05:59 bigant occupation by Israel South Africa unequivocally1:06:05 condemned the targeting of civilians by Hamas and other Palestinians armed1:06:11 groups and The Taking of hostages on the 7th of O of October1:06:16 2023 and as again expressly recorded this condemnation mostly recently in its1:06:23 not verbal to Israel on the 21st of no of December1:06:28 2023 that said no armed attack on a state territory no matter how serious1:06:36 even an attack involving atrocity crimes can provide any justification for or1:06:43 defense to breaches to the convention whether as a matter of law or1:06:49 morality Israel's response to the 7th of October 2023 attack1:06:54 has crossed this line and give rise to the brides of the convention faced with1:07:00 such evidence and our duty to do what we can do to prevent genocide as contained1:07:05 in article one of the convention the South African government initiated this1:07:11 case South Africa welcomes the fact that Israel has engaged with the case in1:07:17 order to have the matter resolved by the court after careful and objective consideration of the facts and1:07:24 submission put before it as the parties to the convention have1:07:30 intended this hearing is Con is concerned with South Africa's request to1:07:35 the court for the indication of provisional measures and will necessarily have a narrow and particular1:07:43 Focus I invoked the words of Martin Luther King when he said the arch of the1:07:48 moral of the universe is long always bending towards1:07:54 Justice South Africa's case will be presented by a team of six legal councilors comprising of Dr adim Mr1:08:04 T professor John dugat Miss blim Lon Mr Max Dupris and Professor vagan1:08:13 L Dr adim senior councel will provide an overview of the risk of genocidal acts1:08:21 in the Perpetual vulnerability to Act of genocide Mr T senior councel will examine Israel's1:08:30 alleged genocidal intent professor John dugat Senior councel will focus on the1:08:37 Prima jurisdiction Professor me D senior1:08:42 councel will discuss the various rights currently under threat BL Crown King's1:08:51 Council will provide will present the argument of agency and potential1:08:56 irreparable harm and Professor vagan L King's councel will speak on the1:09:03 provisional measures I now request Madame President the court to call on Dr1:09:09 hassim I thank you his Excellency Mr lamola and I now1:09:14 invite Miss adilah hassim to address the court you have the floor1:09:22 madam1:09:29 thank you Madame President distinguished members of the1:09:35 Court it is a privilege to appear on behalf of the Republic of South Africa1:09:40 in this case of exceptional importance it's a case that1:09:46 underscores the very essence of our shared Humanity as expressed in the the1:09:53 preamble to the genocide convention it's my task to address the1:09:59 court on the genocidal acts that have led to this urgent request for provisional measures under article 41 of1:10:08 the statute of the Court South Africa contends that Israel has transgressed1:10:15 article two of the convention by committing actions that1:10:20 fall within the definition of genocide the actions show a systematic pattern of1:10:27 conduct from which genocide can be inferred allow me to place these acts in1:10:36 context Gaza is one of the two constituent territories of the occupied1:10:43 Palestinian territories occupied by Israel since1:10:49 1967 it is a narrow strip of approximately 3 165 Square kilm as1:10:57 depicted in the map now displayed Israel continues to exercise1:11:05 control over the space territorial Waters land Crossings1:11:12 water electricity electromagnetic sphere and1:11:17 civilian infrastructure in Gaza as well as over key governmental1:11:24 functions as The Honorable Minister has said entry and1:11:30 exit by air and sea to Gaza is prohibited with Israel operating the1:11:37 only two Crossing points Gaza which is one of the most densely populated places in the world is1:11:44 home to approximately 2.3 million Palestinians almost half of them1:11:51 children for the past 96 days Israel has subjected Gaza to what has been1:11:58 described as one of the heaviest conventional bombing campaigns in the1:12:03 history of Modern Warfare Palestinians in Gaza are being killed by Israeli weaponry and bombs1:12:11 from Air Land and Sea they are also at immediate risk of1:12:20 death by starvation dehydration and disease as a result of the ongoing1:12:27 Siege by Israel the destruction of Palestinian towns the insufficient Aid1:12:33 being allowed through to the Palestinian population and the1:12:38 impossibility of Distributing this limited aid while bombs1:12:44 fall this conduct renders Essentials to life1:12:51 unobtainable at this Pro provisional measures stage as this court has made1:12:57 clear in The Gambia Myanmar case it is not necessary for the court to come to a1:13:04 final view on the question of whether Israel's conduct constitutes1:13:10 genocide it is necessary to establish only whether at least some of the acts1:13:17 alleged are capable of falling within the provisions of the convention1:13:24 on analyzing the specific and ongoing genocidal acts complained of it is clear1:13:31 that at least some if not all of these acts fall within the convention's1:13:38 provisions these acts are documented in detail in South Africa's um1:13:44 application and confirmed by reliable often un1:13:50 sources it's thus unnecessary and impossible for me to recount all of1:13:56 them I will highlight only some in order to illustrate the pattern of genocidal1:14:05 conduct the UN statistics that are relied upon are up1:14:10 to dat as of 9 January1:14:16 2024 in South Africa's oral submissions we will illustrate the facts that we rely on with limited use1:14:23 of audiovisual material Madam President we do so with1:14:29 restraint and only where necessary and always with respect to the Palestinian1:14:36 people against this background I move now to demonstrate in turn how Israel's conduct1:14:45 violates articles 2 a 2 b 2 C and 2D of the1:14:56 convention the first genocidal act committed by Israel is the mass killing1:15:02 of Palestinians in Gaza in violation of article 2A of the genocide1:15:08 Convention as the UN Secretary General explained five weeks ago the level of1:15:15 Israel's killing is so extensive that nowhere is safe in1:15:22 Gaza as I stand before you today1:15:28 23, 210 Palestinians have been killed by Israeli forces during the sustained1:15:36 attacks over the last 3 months at least1:15:42 70% of whom are believed to be women and1:15:47 children some 7,000 Palestinians are still missing presume presumed dead1:15:54 under the1:16:02 rebble Palestinians in Gaza are subjected to Relentless bombing wherever1:16:07 they go they are killed in their homes in places where they seek shelter in1:16:14 hospitals in schools in mosques in1:16:20 churches and as they try to find food and water for their families they have been killed if they1:16:27 failed to evacuate in the places to which they1:16:33 have fled and even while they attempted to flee along Israeli declared safe1:16:41 routs the level of killing is so extensive that those whose bodies are found are buried in Mass Graves often1:16:52 unidentified in the first 3 weeks alone following 7 October Israel1:16:59 deployed 6,000 bombs per week at least 200 times it has deployed1:17:10 2,000 bombs in southern areas of Palestine designated as1:17:17 safe these bombs have also decimated the north including refugee camps1:17:24 2,000lb bombs are some of the biggest and most destructive bombs1:17:31 available they are dropped by lethal fighter jets that are used to strike1:17:37 Targets on the ground by one of the world's most resourced1:17:43 armies Israel has killed and unparalleled and unprecedented number of1:17:50 civilians with the full knowledge of how how many C civilian lives each bomb will1:17:57 take more than 1,800 fames Palestinian families in Gaza have lost multiple1:18:05 family members and hundreds of multigen generational families have been wiped1:18:11 out with no remaining survivors mothers1:18:16 fathers children siblings grandparents1:18:21 aunts cousins often all killed together this killing is nothing short1:18:30 of destruction of Palestinian life it is inflicted1:18:35 deliberately no one is spared not even newborn1:18:40 babies the scale of Palestinian child killings in Gaza is such that un Chiefs have1:18:48 described it as a graveyard for children the dev station we submit is1:18:55 intended is intended to and has laid waste to Gaza Beyond any acceptable1:19:02 legal let alone Humane1:19:07 justification the second genocidal act identified in South Africa's1:19:12 application is Israel's infliction of serious bodily or mental harm to1:19:18 Palestinians in Gaza in violation of Article 2 B of the genocide1:19:25 convention Israel's attacks have left close to 60,000 Palestinians wounded and1:19:32 maimed again the majority of them women and children this in circumstances where the1:19:40 Health Care system has all but collapsed I return to this later in my1:19:46 speech large numbers of Palestinian civilians including children are1:19:51 arrested blindfolded forced to undress and loaded1:19:57 onto trucks taken to unknown1:20:02 locations the suffering of the Palestinian people physical and mental is1:20:10 undeniable turning to the third genocidal act under article1:20:16 2C Israel has deliberately imposed conditions on Gaza that cannot sustain1:20:22 life and are calculated to bring about its physical destruction Israel achieves this in at1:20:30 least four ways first by1:20:36 displacement Israel has forced forced the displacement of about 85% of1:20:43 Palestinians in Gaza there is nowhere safe for them to flee to those who1:20:50 cannot leave or refuse to be displaced have either been killed or at extreme risk of being killed in their1:20:57 homes many Palestinians have been displaced1:21:03 multiple times as families are forced to move repeatedly in search of1:21:10 safety Israel's first evacuation order on 13 October required the evacuation of1:21:18 over 1 million people including children children the1:21:24 elderly the wounded and infirm entire1:21:29 hospitals were required to evacuate even newborn babies in intensive1:21:35 care the order required them to evacuate the North to the South within 241:21:44 hours the order itself was genocidal it required immediate movement taking only1:21:53 what could be carried while no humanitarian assistance was permitted1:21:58 and fuel water and food and other necessities of life had deliberately1:22:04 been cut off it was clearly calculated to bring about the destruction of the1:22:11 population for many Palestinians the forced evacuation from their homes is1:22:16 inevitably permanent Israel has now damaged or destroyed an estimated 300 55,0001:22:24 Palestinian homes leaving at least half a million Palestinians with no home to1:22:30 return to the special rapur on the human rights of internally displaced persons explains1:22:38 that houses and infrastructure I quote have been raised to the ground1:22:44 frustrating any realistic prospects for displaced Garin to return home repeating1:22:51 a long history of Mass Force displacement of Palestinians by1:22:58 Israel there is no indication at all that Israel accepts responsibility for1:23:05 rebuilding what it has destroyed instead the destruction is celebrated by the1:23:12 Israeli army soldiers fullness film themselves1:23:17 joyfully detonating entire apartment blocks and town squares erecting the1:23:23 Israeli flag over the wreckage seeking to reestablish Israeli settlements on1:23:30 the rubble of Palestinian homes and thus extinguishing the very basis of1:23:36 Palestinian life in Gaza second together with the force1:23:44 displacement Israel's conduct has been deliberately calculated to cause1:23:49 widespread hunger dehydration and and starvation Israel's campaign has pushed1:23:56 gazin to the brink of famine an unprecedented 93% of the1:24:01 population in Gaza is facing crisis levels of1:24:07 hunger of all the people in the world currently suffering catastrophic1:24:16 hunger more than 80% are in1:24:21 Gaza the situation is such that the experts are now predicting that more1:24:27 Palestinians in Gaza may die from starvation and disease than air1:24:32 strikes and yet Israel continues to impede the effective delivery of humanitarian assistance to1:24:40 Palestinians not only refusing to allow sufficient Aid in but removing the1:24:47 ability to distribute it through constant bombardment and obstruction1:24:53 just 3 days ago on 8 January a planned Mission by un1:25:01 agencies to deliver urgent medical supplies and vital fuel to a hospital1:25:07 and medical supply Center was was denied by Israeli1:25:14 authorities this marked the fifth denial of a mission to the center since 26th1:25:21 December leaving five hospitals in Northern Gaza without access to life-saving medical1:25:28 supplies and equipment Aid trucks that are allowed in1:25:34 are seized upon by the hungry what is provided is simply not1:25:42 [Applause]1:25:49 enough Madam president members of the Court this is an image of an aid truck1:25:55 arriving in Gaza1:26:00 third Israel has deliberately inflicted conditions in which Palestinians in Gaza1:26:06 are denied adequate shelter clothes or sanitation for weeks there have been1:26:13 acute shortages of clothes bedding blankets and critical nonfood items clean water is all but1:26:23 gone leaving far below the amount required to safely drink clean and1:26:30 cook accordingly the who has stated that Gaza1:26:36 is experiencing saring rates of infectious disease outbreaks cases of diarrhea in children1:26:44 under 5 years of age have increased1:26:50 2,000% since hostilities began when combined and left untreated1:26:58 malnutrition and disease create a deadly1:27:04 cycle the fourth genocidal act under article1:27:09 2B is Israel's military assault on gaza's Health Care system which renders life1:27:18 unsustainable even by 7 December the UN special repor on the right to health1:27:26 noted that the health care of infrastructure in the Gaza Strip has been completely1:27:33 obliterated those wounded by Israel in Gaza are being deprived of life-saving1:27:39 Medical Care gaza's Health Care System already crippled by years of blockade1:27:46 and prior attacks by Israel is unable to cope with the sheer scale of the injury1:27:55 injuries finally the UN special rapor on violence against women and girls has1:28:02 pointed to acts committed by Israel that would fall1:28:07 under the C under the fourth category of genocidal acts in article1:28:13 2D of the convention on 22 November she expressly1:28:20 warned the following the the reproductive1:28:26 violence inflicted by Israel on Palestinian women newborn babies infants1:28:33 and children could be qualified as acts of genocide under Article 2 of the1:28:39 genocide convention including imposing measures intended to prevent births within a1:28:51 group Israel is blocking the delivery of life-saving Aid including essential1:28:57 medical kits for delivering babies in circumstances where an1:29:03 estimated 180 women are giving birth in Gaza each1:29:10 day of these 180 women the w w warns1:29:17 that 15% are likely to experience preg ncy or1:29:23 birth related complications and need additional medical care that care is1:29:30 simply not1:29:36 available in some Madam president all of these acts individually and collectively1:29:44 form a calculated pattern of conduct by Israel indicating a genocidal intent1:29:52 inent this intent is evident from Israel's conduct in specially targeting Palestinians1:30:01 living in Gaza using Weaponry that causes large1:30:07 scale homicidal destruction as well as targeting snip1:30:13 targeted sniping of civilians designating safe zones for1:30:19 Palestinians to seek Refuge and then bombing these depriving Palestinians in Gaza of1:30:27 basic needs food water Health Care fuel1:30:33 sanitation and Communications destroying social1:30:39 infrastructure homes schools mosques churches1:30:47 hospitals and killing seriously injuring and leaving large numbers of children1:30:57 orphaned genocides are never declared in advance but this court has the benefit1:31:05 of the past 13 weeks of evidence that shows incontrovertibly a pattern of conduct1:31:12 and related intention that justifies a plausible claim of genocidal1:31:20 Acts in The Gambia Myanmar case this court did not hesitate to impose provisional1:31:28 measures in relation to allegations that Myanmar was committing genocidal acts1:31:36 against the renja within the rine State the facts before the court today1:31:43 are sadly even more Stark and like The Gambia Myanmar case deserve and Dem1:31:51 demand the Court's intervention every day there is mounting1:31:58 irreparable loss of life property dignity and Humanity for the Palestinian1:32:05 people our news feeds show graphic images of suffering that has become1:32:12 unbearable to watch nothing will stop the suffering except an order from this court without1:32:19 an indication of provisional measures the atrocities will continue with the Israeli Defense Force indicating that it1:32:28 intends pursuing this course of action for at least a year in the words of the UN under1:32:34 Secretary General on five January 2024 I1:32:41 quote you think getting Aid into Gaza is easy think1:32:47 again three layers of inspections before Tru s can even1:32:54 enter confusion and long cues a growing list of rejected items a crossing point1:33:02 meant for pedestrians not trucks another crossing point where trucks have been1:33:07 blocked by desperate hungry communities a destroyed commercial1:33:14 sector constant bombardments poor Communications damaged roads Convoy is1:33:21 shot at damage delays at checkpoints a traumatized and exhausted1:33:28 population crammed into a smaller and smaller sliver of1:33:34 land shelters which have long exceeded their full capacity Aid workers themselves1:33:42 displaced killed this is an impossible situation for the people of Gaza and for those1:33:49 trying to help them the fighting must stop close1:33:57 quote Madame President members of the court that1:34:02 concludes my section on the genocidal conduct of Israel I thank you for your1:34:08 patient attention and I ask that you call Advocate Nuka toi to the podium to1:34:14 address the court on genocidal intent I thank Miss hassim and I now1:34:21 invite Mr TBE Nuka toi to address the court you have the floor1:34:36 sir Madam president and distinguished members of the Court it is a privilege1:34:42 to appear before the court on behalf of South Africa I will address Israel's1:34:48 genocidal intent at this stage age the court is1:34:53 not required to determine that the only inference to be drawn from the available1:34:58 evidence is genocidal to order provisional measures as that is to decide the1:35:05 merits rather the assessment of the existence of an Inon to1:35:11 destroy could be made by the court only at the stage of the examination of the1:35:17 merits that some of the alleged Acts may also amount to atrocities other than1:35:24 genocide does not exclude the finding of plausible acts of1:35:32 genocide Madame President South Africa is not alone in1:35:38 drawing attention to Israel's genocidal rhetoric against Palestinians in1:35:45 Gaza 15 United Nations special repertoar1:35:51 and 21 members of the United Nations working groups have warned that what is1:35:58 happening in Gaza reflects a genocide in the making and an ofet intent to destroy the1:36:07 Palestinian people under occupation Israel has a genocidal intent1:36:16 against the Palestinians in Gaza that is evident from the way in1:36:22 which Israel's military attack is being conducted which has been described by1:36:28 Miss hassim C it is systematic in its character and1:36:33 form the mass displacement of the population of Gaza headed into areas1:36:40 where they continue to be killed and the deliberate creation of conditions that1:36:45 quote lead to a slow death unquote there is also the clear pattern1:36:53 of conduct the targeting of family homes and civilian1:36:59 infrastructure laying waste to vast areas of Gaza and the bombing shelling1:37:05 and sniping of men women and children where they stand the destruction of the1:37:10 health infrastructure and lack of access to humanitarian assistance so much so1:37:17 that as we stand today 1% of the Palestinian population in Gaza1:37:24 has been systematically decimated and one in four gazin have1:37:29 been injured since 7 October these two elements alone are1:37:36 capable of evidencing Israel's genocidal intent in relation to the whole or part1:37:44 of the Palestinian population in Gaza however third1:37:51 there is an extraordinary feature in this case that Israel's political leaders1:37:58 military commanders and persons holding official positions have systematically1:38:03 and in explicit terms declared their genocidal intent and these statements are then1:38:12 repeated by soldiers on the ground in Gaza as they engage in the destruction1:38:18 of Palestinians and the physical infr structure of Gaza we show this third element1:38:27 next Israel's special genocidal intent is rooted in the belief that in fact the1:38:35 enemy is not just the military wing of Hamas or indeed Hamas generally but is1:38:43 embedded in the fabric of Palestinian life in Gaza on 7 October in a television1:38:51 address Israeli Prime Minister Benjamin netan declared war on Gaza and I quote1:38:59 Israel had started clearing out the communities that have been infiltrated1:39:04 by terrorists and he warned of an unprecedented price to be paid by the1:39:12 enemy there are more than 2.3 million Palestinians in Gaza Israel is the occupying power in1:39:21 control of Gaza it controls entry exit and the internal movements of inside Gaza and1:39:29 qua prime minister Mr netan exercises overall command over the Israeli Defense1:39:35 Force and in turn the Palestinians in Gaza prime minister netan in his address1:39:42 to the Israeli forces on 28 October 2023 preparing for the invasion of Gaza1:39:49 urged the soldiers to remember what amalec has done to1:39:54 you this refers to the biblical command by God to s for the retaliatory1:40:19 dist1:40:56 destuction of an entire group of people known as the1:41:01 amalekites put to death men and women1:41:07 children and infants cattle and ship Cays and1:41:13 donkeys the genocidal invocation to amalec was anything but1:41:19 idle it was imputed by Mr natanya in a letter to the Israeli Armed Forces on 31:41:26 November 2023 Madame President let the prime minister's words speak for1:41:37 themselves has done to you says our Holy Bible and we do remember and we are1:41:43 fighting our brave troops and combatants who are now in Gaza or around Gaza and1:42:08 the deputy speaker of the keset Israel's parliament has called for1:42:14 the Erasure of the Gaza Strip from the face of the Earth1:42:22 the Defense Force agrees on 9 October the defense minister1:42:29 yav Gallant gave a situation update to the Army where he said that as Israel1:42:36 was imposing a Complete Siege on Gaza there would be no electricity no food no1:42:42 water no fuel everything would be closed because Israel is fighting Human animals1:42:51 speaking to troops on the Gaza border he instructed them that he has released all1:42:57 the restraints and that Gaza won't return to what it was1:43:02 before we will eliminate everything we will reach all1:43:07 places eliminate everything reach all places without any1:43:14 restraints the theme of destruction of human animals was reiterated by an1:43:20 Israeli Army coordinator of government activities in the territories on 91:43:25 October 2023 who in an address to Hamas and the residents of Gaza stated that1:43:32 Hamas has become Isis and that the citizens of Gaza are celebrating instead1:43:38 of being horrified he concluded that Human animals are dealt with1:43:43 accordingly Israel has imposed a total blockade on Gaza no electricity no water1:43:50 just damage you wanted hell you will get hell the language of systematic1:43:57 dehumanization is evident here Human animals both Hamas and civilians are1:44:07 condemned within the Israeli cabinet this is also a widely held1:44:12 view the minister of energy and infrastructure Israel Cuts called for the denial of water and1:44:20 fuel as this is what will happen to a people of children killers and1:44:26 slaughterers this admits of no ambiguity it means to create conditions of death1:44:33 of the Palestinian people in Gaza to die a slow death because of1:44:39 starvation and dehydration or to die quickly because of a bomb attack or snipers but to die1:44:49 nevertheless in in fact Heritage Minister Amai1:44:54 El said that Israel must find ways for Gins that are more painful than1:45:00 death it is no answer to say that neither are in command of the army they1:45:06 are ministers in the Israeli government they vote in the canet and are in a1:45:12 position to shape State policy the intent to destroy Gaza has1:45:18 been nurtured at the highest levels of State as president Isaac hok has joined1:45:24 the ranks of those signing bombs destined for Gaza having previously noted that the1:45:31 entire population in Gaza is responsible and that this rhetoric about1:45:37 civilians not aware not involved is absolutely not true we will fight until1:45:43 we break their backbone later attempts by the president and others to neutralize this speech1:45:50 have not altered The Sting of his words which was to Tar all Palestinians as1:45:57 responsible for the actions of Hamas nor as I will show below has it1:46:03 affected how State policy is understood within government the minister of National1:46:10 Security repeated the president's statements that Hamas and civilians are1:46:16 responsible in equal measure on 10 November 202 3 in a1:46:21 televised interview he stated that when we say that Hamas should be destroyed it1:46:28 also means those who celebrate those who support and those who hand out candy1:46:34 they are all terrorists and they should also be destroyed these are orders to destroy1:46:41 and to maim what cannot be destroyed these statements are not open1:46:46 to neutral interpretations or after the fact rationalizations and reinterpretations by1:46:53 Israel the statements were made by persons in command of the state they communicated State policy it1:47:01 is simple if the statements were not intended they would not have been1:47:07 made the genocidal intent behind these statements is not ambiguous to the1:47:13 Israeli soldiers on the ground indeed it is directing their1:47:18 actions and objectives on 7 December 2023 Israeli soldiers1:47:24 proved that they understood the prime M Minister's message to remember what the1:47:30 amalec has done to you as genoci they were recorded by journalists1:47:36 dancing and singing we know our motto they are no uninvolved that they obey1:47:42 one commandment to wipe off the seed of amalec the prime minister's invocation1:47:48 of amalec is being used by soldiers to justify the killing of civilians1:47:53 including children these are the soldiers repeting the inciting words of1:47:58 their prime [Applause] [Music]1:48:04 [Applause]1:48:19 minister [Applause]1:48:28 [Laughter] [Applause]1:48:45 [Applause] every1:48:51 [Applause]1:49:00 Israeli soldiers in Gaza were filmed dancing chanting and singing in1:49:06 November May their Village B may Gaza be erased there is now a trend among the1:49:13 soldiers to film themselves committing atrocities against civilians in Gaza in
1:49:19 a form of SN video One recorded himself detonating over 50 houses in1:49:27 Shaya other soldiers were recorded singing we will destroy all of K Unice1:49:33 and this house we will blow it up for you and for everything you do for us1:49:39 these are the soldiers putting into effect their1:49:49 command [Music]1:50:11 [Music] Shalom [Music]1:50:17 him B [Music]1:50:45 the commanders of the army are also of the same mind Israeli Army Commander yay Ben1:50:53 David has stated that the Army had done in bit hanon and did there as Shimon and
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