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.
1:50:59 Lev did in Nablus and that the entire Gaza should resemble B1:51:06 hanon Israeli soldier yesai shalev published a video against the backrop of1:51:12 the ruins of what was the site of Alazar University with a caption Once Upon a1:51:19 Time the was a university in Gaza and in practice a school for murderers and1:51:25 Human animals soldiers obviously believe that1:51:30 this language and their actions are acceptable because the destruction of1:51:36 Palestinian life in Gaza is articulated State policy senior political and military1:51:43 officials encouraged without censure the 95-year-old Israeli Army reservist Ezra1:51:49 yakin a veteran of the D Yasin Massacre against the Palestinians in 1948 to1:51:56 speak to the soldiers ahead of the ground invasion in Gaza in his tour he1:52:03 echoed the same sentiment while being driven around in an officially Israeli army vehicle dressed in Israeli army1:52:10 fatigue I quote be triumphant and finish them off1:52:16 and don't leave anyone behind erase the memory of them erase them their families1:52:21 mothers and children these animals can no longer live if you have an Arab1:52:27 neighbor don't wait go to his home and shoot him we want to invade not like1:52:33 before we want to enter and Destroy what's in front of us and destroy houses1:52:38 then destroy the one after it with all of our forces complete destruction enter1:52:44 and Destroy as you can see we will witness things we've never dreamed of1:52:50 let the let them drop bombs on them and erase them as recently as seven January 2024 a1:52:59 video of a soldier was posted online where he boasts that the Army had destroyed the entire Village of hiet1:53:08 AAR for two weeks he said they had worked hard to bomb the village and1:53:13 executed their mandate any suggestion that senior1:53:18 politicians did not mean what they said much less that the meaning was not understood by soldiers in Gaza would be1:53:26 without any Merit the scale of Destruction in Gaza the mass targeting of family homes and1:53:32 civilians the war being a war on children all make clear that genocidal1:53:38 intent is both understood and is being put into practice the articulated intent is the1:53:46 destruction of Palestinian life in all its man manifestations the genocidal rhetoric is1:53:54 also common place within the Israeli cesnet members of the1:54:01 can canet have repeatedly called for Gaza to be wiped out flattened erased1:54:08 and crushed on all its inhabitants they have deplored anyone1:54:14 feeling sorry for the uninvolved cousins asserting repeatedly that the no1:54:20 uninvolved that there are no innocence in Gaza that the killers of the women and children should not be separated1:54:26 from the citizens of Gaza and that the children of Gaza have brought this upon themselves and that there should be one1:54:34 sentence for everyone their death finally the lawmakers have called1:54:40 for mercilessly bombing from the air with some advocating for the use of1:54:46 nuclear doomsday weapons and a knock that will overshadow the nakba of1:54:53 48 the prime minister's genocidal speech has gained ground among some elements of1:54:59 Civil Society a famous singer has repeated Mr netanyahu's Amal reference stating that1:55:06 Gaza must be wiped out and be destroyed with every amalik seed we simply Must1:55:12 Destroy All of Gaza and exterminate everyone who is there another has called1:55:18 to erase Gaza not leave a single person there journalists and commentators have1:55:23 announced that the woman is an enemy the baby is an enemy the pregnant woman is1:55:30 an enemy that it is necessary to turn the strip into a slaughter house to1:55:36 demolish every house our soldiers come across exterminate1:55:44 everyone the intentional failure of the government of Israel to condemn prevent1:55:52 and punish such genocidal incitement constitutes in itself a grave violation1:55:59 of the genocide convention we should recall Madame President that in article one of the1:56:07 convention Israel confirmed that genocide whether1:56:12 committed in time of peace or in time of war is a crime under international law1:56:20 and it undertook to prevent and to punish it as such this failure to prevent condemn and1:56:27 punish such speech by the government has served to normalize genocidal rhetoric1:56:34 and extreme danger for Palestinians within Israeli society as MK mosha s from the liquid1:56:42 party has said the government's own attorneys share his views that1:56:47 Palestinians in Gaza must be destroyed I quote you go anywhere and1:56:54 they tell you to destroy them in the kibuts they tell you to destroy them my1:57:00 friends at the state attorney's office who fought with me on political issues in debates said to me it is clear that1:57:08 we need to destroy all Gins destroy all1:57:15 cousins Israel is aware of its destruction of Palestinian life and1:57:22 infrastructure despite this knowledge it has maintained and indeed1:57:27 intensified its military activity in Gaza as to full awareness in the week1:57:35 after 7 October ngos and the United Nations warned of an unprecedented1:57:41 humanitarian crisis in Gaza the UN stated that actors must allow humanitarian teams and goods to to1:57:49 immediately and safely reach the hundreds of thousands of people in need so right from the beginning Israel1:57:58 knew that it was depriving water food electricity and Essentials for survival1:58:05 it said so everything is closed it is known that it was depriving1:58:12 Palestinians of Health Care and treatment for injury in the middle of an unprecedented bombardment of food1:58:19 water and of other Essentials for survival this prompted the World Health1:58:25 Organization to say we are on our knees asking for sustained scaled up1:58:33 protected humanitarian operations appealing to all those in a situation to1:58:38 make a decision or influence decision makers to give us the humanitarian space to1:58:45 address this human catastrophe despite despite this knowledge Israel continues to Target1:58:53 infrastructure essential for survival water and sanitation1:58:58 infrastructure solar panels bakeries meals crops it bombs1:59:05 hospitals decimating the Healthcare System it targets Aid workers and the1:59:11 infrastructure of the United Nations it is because of the policy of Israel that1:59:17 Gaza has become a place of death and1:59:22 despair in conclusion Madame President many propagators of grave1:59:29 atrocities have protested that they were misunderstood that they did not mean1:59:35 what they said and that their own words were taken out of context what state would admit to a1:59:43 genocidal intent yet the distinctive feature of this case1:59:49 has not been the silence as such but the reiteration and repetition of genocidal1:59:57 speech throughout every sphere of State in Israel we remind the court of the2:00:05 identity and authority of the genocidal inciters the Prime2:00:11 Minister the president the Minister of Defense the2:00:16 minister of National Security the minister of energy and infrastructure members of the canet2:00:24 senior Army officials and food soldiers genocidal utterances are2:00:30 therefore not out in the fringes they are embodied in state2:00:36 policy the intent to destroy is plainly understood by soldiers on the ground it2:00:43 is also fully understood by some within the Israeli Society with the government2:00:48 fac criticism for allowing in any age to Gaza on the basis that it is recounting2:00:55 on its promise to starve Palestinians any suggestion that Israeli2:01:01 officials did not mean what they said or were not fully understood by soldiers2:01:06 and civilians alike to mean what they said should be rejected by this court2:01:12 the evidence of genocidal intent is not only chilling it is also overwhelming2:01:19 and incontrovertible Madam president it is now my honor to request you to call Mr2:01:26 John duur on the subject of jurisdiction I thank Mr Good Kai Toby2:01:33 and I now invite Professor to breathe2:01:40 y'all um and then so this is the this is the part that I originally said that was2:01:45 our first two speakers if you have to slip out this is not a bad time to do so2:01:50 but otherwise um what I given our given the2:01:56 news that we just received my what I what we're going to do is I'm going to skip directly to the2:02:02 fourth speaker the Irish lawyer uh blenny since I think her speech is her2:02:07 section is one of the most the other most important after the first two um that will take us to about 8 o'clock if2:02:15 anyone wants to leave to go join the emergency protest I believe uh I believe2:02:21 we'll have someone here who will be walking everyone over there um I will probably stick around and show the rest2:02:26 of the uh the rest of this the the program for whoever wants it um and I2:02:33 also suggest to as a little intermission that you turn to the person next to you2:02:39 or the closest person that you don't know and introduce yourself or say what2:02:44 brought you here uh and just connect with each other for 5 seconds after2:02:51 watching what we just2:03:17 watched2:07:17 all right all right I'm sure youall are having excellent discussions uh you can keep them going if you'd like I'm going2:07:23 to go ahead and press play on the video this is again the section of the the section of the presentation about the2:07:29 imminent danger to the Palestinian2:07:38 people Madame Madam president members of the2:07:43 Court it is a great honor for me to appear before the court once again2:07:51 it is also both a privilege and a weighty responsibility for me to represent South Africa in this case of2:07:58 such severe gravity it is my task to examine the2:08:04 urgency and the risk of irreparable harm to the rights claimed the final two2:08:10 conditions to be met for the court to indicate provisional2:08:17 measures before that I should like to address South Africa's sincere apologies2:08:24 to the frankophone members of the court for not having made any of its submissions in2:08:30 French South Africa would ask you not to regard this as a lack of courtesy on its2:08:36 part if you will allow I shall now continue my pleadings in2:08:42 English Madame President members of the Court there is an urgent need need for2:08:49 provisional measures to protect Palestinians in Gaza from the irreparable Prejudice caused by Israel's2:08:55 violations of the genocide convention the United Nations Secretary2:09:01 General and its Chiefs describe the situation in Gaza variously as a crisis2:09:07 of humanity a living hell a bloodbath a situation of utter deepening2:09:14 and unmatched horror where an entire population is besieged and under attack2:09:21 denied access to the essentials for survival on a massive2:09:26 scale as the United Nations under Secretary General for humanitarian Affairs stated last Friday and I2:09:33 quote Gaza has become a place of death and despair families are sleeping in the2:09:40 open as temperatures plummet areas where civilians were told to relocate for their safety have come2:09:47 under Relentless attack bombardment medical facilities are under2:09:52 Relentless attack the few hospitals that are partially functional are overwhelmed2:09:58 with trauma cases critically short of O supplies and inundated by desperate2:10:04 people seeking safety a public health disaster is2:10:09 unfolding infectious diseases are spreading in overcrowded shelters as sewers spill2:10:15 over some 10 80 women are giving birth daily amidst this2:10:23 chaos people are facing the highest levels of food in security ever2:10:29 recorded famine is around the corner for children in particular the2:10:36 last 12 weeks have been traumatic no food no water no school nothing but the2:10:43 terrifying sounds of War day in and day out Gaza has simply become2:10:50 uninhabitable its people are witnessing daily threats to their very existence while the world watches2:10:59 on end quote the court has heard of the horrific death toll and of the more than2:11:06 7,000 Palestinian men women and children reported missing presumed dead or dying2:11:13 slow excruciating deaths trapped under the rubble reports of field executions and2:11:20 torture and ill treatment are mounting as are images of decomposing bodies of Palestinian men women and children left2:11:28 un buried where they were killed some being picked upon by2:11:33 animals it is becoming ever clearer that huge SES of Gaza entire towns Villages2:11:41 refugee camps are being wiped from the map as you have heard but it Bears2:11:46 repeating according to the world food program four out of five people in the2:11:52 world in famine or a catastrophic type of hunger are in Gaza right2:11:59 now indeed experts warn that deaths from starvation and disease risk2:12:04 significantly outstripping deaths from bombings the daily statistics stand as2:12:12 clear evidence of the urgency and of the irreparable prejudice on the basis of the current2:12:20 figures on average 247 Palestinians are being killed and2:12:27 are at risk of being killed each day many of them literally blown to2:12:33 Pieces they include 48 mothers each day2:12:39 two every hour and over 117 children each day2:12:46 leading UNICEF to call Israel actions a war on children on current rates which so show2:12:53 no sign of abating each day over three Medics two teachers more than one United2:13:01 Nations employee and more than one journalist will be killed many while at2:13:06 work or in what appear to be targeted attacks on their family homes or where they are2:13:12 Sheltering the risk of famine will increase each day each day an average of2:13:18 629 people will be wounded some multiple times over as they move from place to2:13:25 place Desperately Seeking Sanctuary each day over 10 Palestinian2:13:33 children will have one or both legs amputated many without2:13:41 anesthetic each day on current rates an average of 3,900 Palestinian homes will be damaged2:13:48 or destroyed more mass graves will be dug more cemeteries will be bulldozed2:13:54 and bombed and corpses violently exume denying even the dead any dignity or2:14:00 peace each day ambulances hospitals and Medics will continue to be attacked and2:14:07 killed the First Responders who have spent 3 months without International2:14:13 assistance trying to dig families out of the rubble with their bare hands2:14:18 will continue to be targeted on current figures one will be killed almost every2:14:24 second day sometimes an attacks launched against those attending the scene to2:14:29 rescue the wounded each day yet more desperate people will be forced to relocate from2:14:35 where they are Sheltering or will be bombed in places where they have been told to evacuate2:14:42 to entire multigenerational families will be obliterated and yet more Palestinian2:14:50 children will become WC2:14:55 NSF wounded child no surviving family the terrible new acronym born out of2:15:02 Israel's genocidal assault on the Palestinian population in Gaza there is an urgent need for2:15:09 provisional measures to prevent imminent irreparable Prejudice to the rights in issue in this case there could not be a2:15:17 clear or more compelling case in the words of the commissioner General of the United Nations relief and works agency2:15:25 there must be an end to the decimation of Gaza and of its2:15:32 people turning to the Court's case law as the court has recently reaffirmed and2:15:37 I quote the condition of urgency is met when acts susceptible of causing2:15:43 irreparable Prejudice can occur at any moment before the court makes a final decision on the case end2:15:51 quote that is precisely the situation here any of those matters to which I2:15:56 have referred can and are occurring at any moment United Nations security Council2:16:03 resolutions demanding quote the immediate safe unhindered delivery of2:16:08 humanitarian assistance at scale throughout Gaza and full Rapid Safe and2:16:14 unhindered humanitarian access end quote remain2:16:20 unimplemented United Nations General Assembly resolutions calling for a humanitarian ceasefire have been2:16:27 ignored the situation could not be more urgent since these proceedings were2:16:33 initiated on the 29th of December 2023 alone and estimated over2:16:41 1,73 Palestinians have been killed in Gaza and over2:16:46 3,252 injured as to the Criterion of2:16:53 irreparable prejudice for decades now the court has repeatedly found it to be2:16:58 satisfied in situations where serious risks arise to human life or to other2:17:04 fundamental rights in the cases of Georgia Russia and Armenia aeran the court ordered2:17:11 provisional measures having found a serious risk of irreparable prejudice where hundreds of thousands of people2:17:18 had been forced from their homes in ordering provisional measures in the latter case the court noted the2:17:25 context of I quote the long-standing exposure of the population to a2:17:30 situation of vulnerability including hindrances to the importation of essential Goods causing shortages of2:17:37 food medicine and other life saving medical supplies end2:17:43 quote in Gaza as you have heard nearly two 2 million people over 85% of the2:17:51 population have been repeatedly forced to flee their homes and shelters not2:17:57 just once or twice but some three four or more times over into shrinking2:18:02 slivers of land where they continue to be bombed and2:18:08 killed this is a population that Israel had already made vulnerable through 132:18:13 through 16 years of military blockade and crippling de development today Israel's hindrances to2:18:21 the import of food and essential items have brought Gaza to the brink of2:18:28 famine with adults mothers fathers grandparents regularly forgoing food for2:18:34 the day so that children can eat at least2:18:39 something medicine shortages and the lack of medical treatment clean water and electricity are so great that large2:18:47 numbers of Palestinians are dying or are at imminent risk of dying preventable2:18:53 deaths cancer and other services have long shut down women are undergoing cesarian2:19:00 sections without anesthetic in barely functioning hospitals described as2:19:06 scenes from a horror movie with many undergoing otherwise unnecessary hist to2:19:11 me in in an attempt to save their lives in the Canada Syria torture case2:19:20 the court made clear that I quote individuals subject to torture and other2:19:26 acts of cruel inhuman or degrading treatment or punishment are at serious risk of irreparable2:19:33 prejudice while Palestinians in Gaza are also at risk of such irreparable Prejudice with videos of Palestinian2:19:40 boys and men rounded up and stripped and degraded broadcast to the world2:19:46 alongside footage of serious bodily harm and accounts of serious mental harm and2:19:53 humiliation in Qatar United Arab Emirates the court considered provisional measures to be justified2:19:59 having regard to the risk of irreparable prejudice deriving from factors such as people being forced to leave their2:20:05 places of residence without the possibility of return the psychological distress of temporary or potentially2:20:13 ongoing separation from their families and the harm associated with students being prevented from taking their2:20:21 exams if provisional measures were Justified there how could they not be in2:20:27 Gaza where countless families have been separated with some family members2:20:32 evacuating under Israeli military orders and others staying behind at extreme2:20:38 risk to care for the wounded infirm and the elderly where husbands Fathers and Sons2:20:44 are being Lo rounded up and separated from their families taken to unknown2:20:50 locations for indeterminate periods of time in the katar case the court issued2:20:56 a provisional order where harm to approximately 150 students was in2:21:02 issue in Gaza 625,000 school children have not2:21:09 attended school for 3 months with the United Nations security Council I2:21:15 expressing deep concern I quote that the disruption of access to education has a2:21:20 dramatic impact on children and that conflict has lifelong effects on their2:21:25 physical and mental health almost 990,000 Palestinian2:21:31 University students cannot attend at University in Gaza over 60% of schools almost all2:21:39 universities and countless book shops and libraries have been damaged or destroyed and hundreds of teachers and2:21:46 academics have been killed including deans of universities and leading Palestinian Scholars obliterating the2:21:54 very prospects for the future education of gaza's children and young2:22:02 people notably the court has found provisional measures to be justified in2:22:07 all three cases where they were previously sought in relation to violations of the genocide2:22:13 convention it did so in Bosnia and Serbia in 199 3 finding on the basis of2:22:19 evidence that was certainly no more compelling than that pres presently before the court that it was sufficient2:22:24 to determine that there was and I quote a grave risk of Acts of genocide being2:22:31 committed the court found provisional measures to be justified in The Gambia Myanmar case on the basis of a risk of2:22:38 irreparable prejudice to the rohinga subject to quote mass killings as well2:22:43 as beatings the destruction of villages and homes denial of access to food2:22:49 shelter and other Essentials of life more recently in indicating2:22:55 provisional measures in Ukraine Russia the court considered that Russia's military activities had quote resulted2:23:03 in numerous civilian deaths and injuries and caused significant material damage2:23:08 including the destruction of buildings and infrastructure end quote giving rise2:23:13 to a risk of irreparable prejudice the Court had regard to the fact that quote attacks are ongoing and2:23:21 are creating increasingly difficult living conditions for the civilian population end quote which it considered2:23:27 to be extremely vulnerable the court also considered the2:23:33 fact that I quote again many persons have no access to the most basic food stuffs potable water electricity2:23:41 essential medicines or Heating and that many were attempting to flee under extremely insecure2:23:50 conditions this is occurring in Gaza on a much more intensive scale to a2:23:57 besieged trapped terrified population that has nowhere safe to2:24:06 go lest the contrary be suggested it is clear from Ukraine Russia that the fact2:24:11 that the Urgent risk of irreparable harm arises in a situation of armed conflict does not undermine much less preclude a2:24:20 request for provisional measures that's also clear from the Court's other judgments so in the case of armed2:24:26 activities on the territory of the Congo for example the court ordered provisional measures based on its2:24:32 finding that quote persons assets and resources present on the territory of2:24:38 the Congo particularly in the area of conflict remain extremely vulnerable and2:24:45 that there was a serious risk that rights at issue in the case may suffer irreparable Prejudice end2:24:52 quote similarly in Costa Rica Nicaragua the court indicated PR provisional2:24:58 measures in part on the basis that the presence of troops in the disputed territory gave rise I quote to a real2:25:05 and present risk of incidents liable to cause IR remediable harm in the form of2:25:11 bodily injury or death end quote in relation to the genocide2:25:18 convention in particular the court recalled in Gambia Myanmar that quote2:25:25 States parties expressly confirmed their willingness to consider genocide as a2:25:30 crime under international law which they must prevent and punish independently of2:25:36 the context of peace or of war in which it takes place end2:25:43 quote more recently in the case of Guyana Venezuela the court considered2:25:49 that the serious risk of Venezuela quote acquiring and exercising control and2:25:54 administration of the territory in dispute end quote gave rise to a risk of2:25:59 irreparable prejudice to the rights assited in the case similar factors are an issue here2:26:06 having regard to the territorial Ambitions and settlement plans for Gaza2:26:12 being raised by members of the Israeli government and the relationship of those factors to the very survival of2:26:19 Palestinians in Gaza as such similarly any scaling up by Israel2:26:28 of access of humanitarian Leaf to Gaza in response to these proceedings or2:26:33 otherwise would be no answer to South Africa's request for provisional2:26:39 measures in the case of Iran United States the court found a risk of2:26:45 irreparable harm from the Expos Ure of individuals to danger to health and life2:26:50 caused by restrictions placed on medicines and medical devices food stuffs and other Goods required for2:26:58 humanitarian needs that was not withstanding the assurances offered by the United States2:27:04 for it to expedite the consideration of humanitarian issues and not withstanding2:27:10 the fact that Essentials were in any event exempt from the United n the United States2:27:15 sanctions the court considered that the assurances were I quote not adequate to address2:27:23 fully the humanitarian and safety concerns raised and that there remained2:27:28 a risk that measures adopted by the United States May inail irreparable2:27:37 consequences in Armenia aeran unilateral undertakings to alleviate restriction2:27:43 restrictions alongside the full resumption of human humanitarian and Commercial deliveries did not defeat2:27:50 request for the indication of provisional measures the court was clear that while2:27:55 contributing quote towards mitigating the imminent risk of irreparable prejudice resulting from the military2:28:02 operation those developments did not remove the risk2:28:07 entirely indeed in Georgia Russia the court made clear that it considers a2:28:12 serious risk to subsist where quote the situation is unstable and could rapidly2:28:20 change the court considered quote given the ongoing tension and the absence of2:28:27 an overall settlement to the conflict in this region populations also remain2:28:33 vulnerable end quote Israel continues to deny that it2:28:39 is responsible for the humanitarian crisis it has created even as Gaza star2:28:47 mares the aid it has belatedly begun to allow in is wholly inadequate and does2:28:53 not come anywhere close to the average 500 trucks being permitted daily before2:28:59 October the uh before October 20123 even under the2:29:05 blockade any unilateral undertakings Israel might seek to give about future2:29:10 raid would not remove the risk of irreparable prejudice not least considering Israel's past and current2:29:18 conduct towards the Palestinian people including the 16 years of brutal Siege2:29:23 on Gaza in any event as the United Nations2:29:29 Secretary General has made absolutely clear it is a mistake to measure a quote2:29:35 the effectiveness of the humanitarian operation in Gaza based on the number of trucks allowed in as he stressed I quote2:29:46 the real problem is that the way Israel is conducting this offensive means that2:29:52 the conditions for the effective delivery of humanitarian Aid no longer2:29:57 exist that would require security staff who can work in safety2:30:04 logistical capacity and the resumption of commercial activity it requires2:30:10 electricity and steady Communications all of these remain2:30:15 absent end quote indeed only shortly after Israel2:30:20 opened the Kem Shalom Crossing to Goods in late December 2023 it was struck in a drone attack2:30:28 killing five Palestinians and leading to another temporary closure nowhere and nobody is2:30:36 safe as the United Nations secret Secretary General and all its Chiefs have made clear without a halt to2:30:45 Israel's military operation s Crossings Aid convoys and humanitarian workers2:30:51 like everyone and everything else in Gaza remain at imminent risk of further2:30:58 irreparable Prejudice and unprecedented 148 United Nations staff2:31:05 have been killed to date without a halt to Israel's military activity in Gaza there will be no end to2:31:13 the extreme situation facing Palestinian2:31:19 civilians Madam president members of the court if the indication of provisional2:31:24 measures was Justified on the facts in those cases I have cited how could it2:31:30 not be here in a situation of much greater severity where the imminent risk2:31:35 of irreparable harm is so much greater how could they not be justified2:31:42 in a situation that humanitarian veterans from crisis SP spanning as far2:31:48 back as The Killing Fields of Cambodia people who in the words of the United Nations Secretary General have2:31:56 seen everything if they say it is so utterly unprecedented that they are out of words2:32:03 to describe it it would be a complete departure from2:32:09 the long and established line of jurist prudence that this court has firmly established and recently reconfirmed for2:32:16 the court not to order provisional measures in this case the imminent risk2:32:22 of death harm and destruction that Palestinians in Gaza face today and that2:32:27 they risk every day during the pendency of these proceedings on any view2:32:32 justifies it indeed compels the indication of provisional2:32:38 measures some might say that the very reputation of international law its2:32:45 ability and willingness to bind and to protect all people equally hangs in the2:32:53 balance brief brief pause um we're we're not done but uh so the current status is2:33:01 for anyone who would like to go join the emergency protest at 8:30 we will be gathering downstairs in about 15 minutes2:33:09 you don't need anything except your body and your voice um that's they'll they'll have what they need for you um and then2:33:16 I think people will head over to Times Square uh that will be like I think right at the end of this section um so2:33:22 I'll I'll say when it's 85 and whoever wants to go can go um I will stay I will2:33:28 stay here and and show the rest of the screening for whoever wants to stay and watch uh like the parts of this2:33:34 screening that we still have to see um and then maybe go and join the protesters at some point but that's2:33:40 that's where we that's our current status2:33:51 but the genocide convention is about much more than legal precedent it is also fundamentally about2:33:58 the confirmation and endorsement of Elementary principles of morality the court recalled the 19462:34:07 General Assembly resolution on the crime of genocide which made clear that I quote genocide is a denial of the right2:34:14 of existence of entire human groups as homicide is the denial of the right to2:34:19 live of individual human beings such denial of the right of existence shocks the conscience of2:34:27 mankind results in great losses to humanity in the form of cultural and2:34:32 other contributions represented by these human groups and is contrary to moral2:34:37 law and to the spirit and aims of the United Nations end2:34:43 quote not withstanding the genocide convention's recognition of the need to rid the world of the odious scourge of2:34:50 genocide the International Community has repeatedly failed it failed the people of Rwanda it2:34:58 had failed the Bosnian people and the rohinga prompting this court to take2:35:03 action it failed again by ignoring the early warnings of the Grave risk of genocide to the Palestinian people2:35:10 sounded by International experts since 19th of October of last year2:35:17 the International Community continues to fail the Palestinian people despite the2:35:22 overt dehumanizing genocidal rhetoric by Israeli governmental and military2:35:28 officials matched by the Israeli Army's actions on the2:35:34 ground despite the horror of the genocide against the Palestinian people2:35:39 being live streamed from Gaza to our mobile phones computers and televis2:35:46 ision screens the first genocide in history where its victims are2:35:51 broadcasting their own destruction in real time in the desperate so far vain2:35:57 hope that the world might do something Gaza represents nothing short2:36:04 of a moral failure as described by the universe usually circumspect2:36:09 International Committee of the Red Cross as underscored by United Nations2:36:15 Chiefs that failure has I quote repercussions not just for the people of2:36:21 Gaza but for the generations to come who will never forget these over 90 days of2:36:27 hell and assaults on the most basic precepts of2:36:33 humanity as stated by United Nations spokesperson in Gaza last week at the2:36:39 site of a hospital clearly marked with the symbol of the red present where five2:36:44 Palestinians including a 5-day old baby had just been2:36:49 killed the world should be absolutely horrified the world should be absolutely2:36:56 outraged there is no safe space in Gaza and the world should be2:37:05 ashamed Madame President members of the court in conclusion I share with you two2:37:12 photographs the first is of a white board at a hospital in Northern Gaza one2:37:19 of the many Palestinian hospitals targeted besieged and bombed by Israel2:37:25 over the course of the past three brutal months the white board is white clean of2:37:30 no longer possible surgical cases leaving only a handwritten message by a2:37:35 med Sansan Frontier doctor which reads we did what we could remember2:37:43 us the second photograph is of the same white board after an Israeli strike on2:37:48 the hospital on the 21st of November that killed the author of the message Dr2:37:54 Mahmud abua along with two of his2:37:59 colleagues just over a month later in a powerful sermon delivered from a church2:38:05 in Bethlehem on Christmas Day the same day Israel had killed 250 Palestinians2:38:13 including at least 86 people many from the same family massacred in a single2:38:19 strike on magazi refugee camp Palestinian Pastor mther isak2:38:26 addressed his congregation and the world and he said and I2:38:31 quote Gaza as we know it no longer exists this is an2:38:37 Annihilation this is a genocide we will rise we will stand up2:38:43 again from the midst of Destruction as we have always done as Palestinians though this is by far maybe the biggest2:38:50 blow we have received but he said no apologies will be accepted after the2:38:56 genocide what has been done has been done I want you to look in the mirror2:39:01 and ask where was I when Gaza was going through a2:39:10 genocide South Africa is here before this court in the PE2:39:16 Palace it has done what it could it is doing what it can by initiating these2:39:23 proceedings by seeking interim measures against itself as well as against2:39:29 Israel South Africa now respectfully and humbly calls on this honorable Court to2:39:37 do what is in its power to do to indicate the provisional measures that2:39:42 are so urgently required to prevent further irreparable harm to the2:39:48 Palestinian people in Gaza whose hopes including for their very survival are2:39:54 now vested in this court Madame Madam president members of the2:40:02 court I should like to thank you for your kind2:40:08 attention I ask that you call Professor low casc to the podium now to describe2:40:15 the provisional measures sought by South Africa on behalf of the Palestinian2:40:22 people I thank2:40:32 m i I apologize for the choppiness of the screening this evening there's with2:40:38 the news of the strikes on Yemen uh things got a little upturned so I think2:40:45 we are are you good to to take okay so Leah here if you can stand up I think2:40:52 she's going to be taking everyone downstairs who wants to go to the protest if you want to stay here I will2:40:57 be here otherwise I'll I'll mention just for the sake of2:41:03 it now more than ever we want people if they can to go to Washington DC on the2:41:09 13th to march on the C March on Washington DC march on President Biden and tell him that we reject what he's2:41:16 doing um I don't know if they have bus tickets left I they probably have Flyers downstairs but if not they oh they're2:41:24 they don't okay they're sold out of bus tickets but I will I'll mention it anyway in2:41:29 case people have their own means Amtrak whatever um in case people want to join us there and otherwise if you can't do2:41:36 that every just about every Monday we meet here for a community organizing2:41:42 session this scream th scream this screening was born out of this week's2:41:49 Community organizing session it was not we do not we did not have institutional funding here we just had this room and2:41:57 we had a bunch of people who wanted to make this happen and I want you to know that you all can make this happen as2:42:03 well so if you want to join us come join us on Monday at 6:30 um and we will2:42:08 discuss others other actions like this one and you'll you'll be able to organize other actions like this one and2:42:14 learn more about what is what we're what we're planning for the rest of the week2:42:19 um yeah so I think that's all I have to say for2:42:44 now2:44:20 to the fourth speaker who is the um the rights and question2:44:44 speaker2:45:05 please be2:45:10 seated the sitting is resumed I now give the floor to Professor m P you have the2:45:16 floor2:45:25 Professor Madame President distinguished members of the Court it is a privilege to appear before2:45:31 you it's truly my honor to represent South Africa in these proceedings I will be focusing on the2:45:39 nature of the rights that South Africa seeks to preserve through its application and the link between such2:45:45 rights and the measures requested as well established in the Court's Juris prudence and most recently2:45:52 in this Court's decision in The Gambia case for the court to exercise its power2:45:58 to indicate provisional measures the rights claimed by South Africa on the merits and for which it is seeking2:46:04 protection must be at least plausible this threshold does not2:46:11 require the court to determine definitively whether the right which South Africa wishes to see protected2:46:19 exist rather the rights asserted must merely be grounded in a possible2:46:24 interpretation of the convention and the court must be concerned to preserve by such measures the rights which may2:46:31 subsequently be a judged by it to belong to either party Palestinians in Gaza as a very2:46:39 substantial and important part of the Palestinian national racial and ethnical2:46:45 group simply but profoundly are entitled to2:46:50 exist as South Africa's Ambassador pointed out in opening to situate the right to exist2:46:58 and the threats to that right requires the court to appreciate that this application by South Africa is brought2:47:05 within a particular context what is happening in Gaza now is2:47:11 not correctly framed as a simple conflict between two2:47:16 parties it entails instead destructive acts perpetrated by an occupying power2:47:23 Israel that has subjected the Palestinian people to an oppressive and2:47:28 prolonged violation of their rights to self-determination for more than half a2:47:34 century and those violations occur in a world where Israel for years has2:47:41 regarded itself as Beyond and above the law as the UN special rorer on the occupied2:47:48 pal Palestinian territories explained in 2022 and I quote the occupation by Israel has been2:47:56 conducted in profound Defiance of international law and hundreds of United Nations resolutions with scanned push2:48:03 back from the International Community that context is important as2:48:08 South Africa made clear in its application where the International Community has failed Palestinians for so2:48:15 long and despite Israel's willful Defiance of Palestinians rights South2:48:21 Africa turns to this court seeking to protect the core rights of Palestinians in Gaza to be protected from acts of2:48:29 genocide attempted genocide direct and public incitement to genocide and2:48:34 complicity in and conspiracy to commit genocide as the court knows the2:48:40 convention prohibits the destruction of a group or part of that group in including through killing causing2:48:46 serious bodily and mental harm and inflicting conditions of Life calculated to bring about the group's physical2:48:53 destruction through these core rights the convention further protects the rights of its members to life and2:49:00 physical and mental Integrity Palestinians in Gaza women men2:49:07 children because of their membership in a group are protected by the Convention2:49:13 as is the group itself self and the core rights are violated2:49:19 and threatened by a remarkable set of facts outlined by my colleagues and set2:49:25 out in detail in South Africa's application with supporting evidence in the speeches to this court2:49:32 today South Africa has chosen as you've heard to avoid the showing of graphic videos and2:49:38 photos it is decided against turning this court into a theater for spectacle2:49:43 it knows as as well as your excellencies the Temptation for both sides in a2:49:48 dispute to parade pictures to shock but South Africa's application in those court today is built on a foundation of2:49:57 clear legal rights not images the detail material before the court is marshaled2:50:04 to show a case for provisional measures based firmly on this Court's prior2:50:09 decisions and South Africa advances its case on the basis that Palestinians rights are equally as worthy of2:50:17 protection on the unprecedented evidence before you as those of the victim groups2:50:22 that this honorable court has previously protected by its issuance of provisional measures in the2:50:30 past the material confirms the rights in issue and their violation that Israel2:50:35 has committed and is committing acts capable of being characterized as2:50:41 genocidal you have heard from missim about Direct direct extermination of thousands of people and Children of the2:50:48 Palestinian population in Gaza since 7 October last2:50:53 year and South Africa and the world together stand witness to the forced evacuation of over 85% of the population2:51:01 of Gaza from their homes and the hering of them into ever smaller areas without2:51:07 adequate shelter or medical care to be attacked killed and harmed so the rights are immediately and2:51:16 urgently in need of protection because of the ongoing denial by Israel of the2:51:21 conditions necessary for life it is difficult with respect to think of a clearer or more abundantly urgent2:51:30 case Arif Hussein the chief Economist at the United Nations world food program2:51:36 chillingly warned a week ago on the third of January and I2:51:41 quote I've been doing this he said for the past two decades and I've been to2:51:46 all kinds of conflicts and all kinds of Crisis and for me this the situation in2:51:53 Gaza is unprecedented because of one the magnitude the scale the entire2:52:01 population of a particular place second the severity and third the speed at which2:52:09 this is happening at which this has unfolded is unprecedented he concluded in my life2:52:17 I've never seen anything like this in terms of severity in terms of scale and2:52:23 then in terms of speed Madame President esteemed judges2:52:29 the core rights on the evidence provided by South Africa in its application are2:52:34 demonstrably being violated multiple further statements by2:52:39 un bodies and experts as well as various expert human rights organiz gations and2:52:45 institutions and States all of which set out in South Africa's application2:52:51 confirm as much they collectively have considered the acts committed by Israel to be2:52:57 genocidal or at the very least warned that the Palestinian people are at risk of2:53:03 genocide since the application was initiated further States 13 to date2:53:09 including the Arab League and the organization of Islamic coroporation represent2:53:14 57 states as well as other experts have expressed their support for the case2:53:21 thereby underlining the plausibility of South Africa's claim for provisional2:53:27 measures for the purposes of the indication of provisional measures the rights asserted by South Africa under2:53:33 the genocide convention and their protection corresponds with the very2:53:39 object and purpose of the convention based on the materials before the court2:53:44 the acts by Israel complained of are capable of being characterized as at2:53:50 least plausibly genocidal as Mr n toi has explicated the2:53:56 evidence of the specific genocidal intent is clear from the statements by Israeli government officials and2:54:02 soldiers towards Palestinians in Gaza and which may be characterized as at the2:54:08 very least plausibly genocidal this at least plausible2:54:14 plausible genocidal intent can also be deduced from the pattern of conduct against Palestinians in2:54:20 Gaza it is also again at the very least plausible that Israel has failed to2:54:27 prevent or to punish genocide conspiracy to commit genocide direct and public2:54:33 incitement to genocide attempted genocide and complicity in2:54:39 genocide and it is further plausible that South Africa has an obligation to prevent genocide including by taking all2:54:46 reasonable measures within its powers to influence effectively the actions of2:54:52 persons perpetrating and likely to commit genocide or engaging in direct or public incitement to genocide so let me2:54:59 be clear South Africa's obligation is motivated by the need to protect2:55:05 Palestinians in Gaza and their absolute rights not to be subjected to genocidal2:55:10 acts not withstanding the incontestably serious nature of the allegations against Israel the court should not be2:55:17 required before granting provisional measures to ascertain whether the existence of a genocidal intent is the2:55:24 only plausible inference to be drawn from the material before it that would amount to the court making a2:55:31 determination on the merits moreover South Africa has2:55:38 stressed that any motive or effort by Israel to destroy Hamas does not preclude genocidal intent by Israel2:55:46 towards the whole or part of the Palestinian people in Gaza evidence of other motives2:55:53 explaining its conduct as a perpetrator will not save Israel from a finding that2:55:59 it also possessed the requisite genocidal intent and because of a fundamental feature of genocide namely2:56:07 that the prohibitions on genocide and Associated offenses are use kogens in nature they are subject therefore to to2:56:14 no exceptional qualification they are absolute in nature in times of War and Peace always2:56:22 and everywhere furthermore the fact that the alleged acts may also be characterized2:56:28 as crimes other than genocide should not exclude the plausible inference of the existence of genocidal2:56:35 intent as the UN Secretary General has stated the prevention of genocide is intrinsically connected to preventing2:56:41 crimes against humanity and war crimes and as these crimes tend to occur concurrently in the same situation2:56:48 rather than as isolated events consequently he said initiatives aimed2:56:54 at preventing one of the crimes will in most circumstances also cover the others2:56:59 and as also set out in the ilc articles on state responsibility the wrongful Act2:57:04 of genocide is generally made up of a series of Acts which are themselves2:57:09 internationally wrongful Madame President honorable members of the2:57:15 Court South Africa's claims thus concern in the first place its own obligations2:57:20 as a state party to the genocide convention to act to prevent and punish genocide in the application South Africa2:57:28 has stressed that it is acutely aware of its own obligation as a state party to the convention to prevent2:57:34 genocide indeed this court has recognized the Universal Character both of the condemnation of genocide and of2:57:41 the cooperation required in order to liberate at Mankind from such an odious Scourge as the prohibition of genocide2:57:49 is assuredly a perent norm of international law or use kogens it is crucial that states pursue their2:57:54 interest under the convention in ensuring acts of genocide prevented additionally due to the2:58:00 special characteristics of the genocide convention the respondent state owes this Duty not only to the Palestinian2:58:07 people but to all states parties to the genocide convention including South2:58:12 Africa this has been emphasized repeatedly by this court and most recently in The Gambia case where the2:58:18 Court held and I quote all the states parties to the genocide convention have a common interest to ensure that acts of2:58:25 genocide are prevented and that if they occur their authors do not enjoy2:58:32 impunity that common interest said the court implies that the obligations in question are owed by any state party to2:58:39 all the other states parties to the convention similarly the court has2:58:45 reiterated that in such a convention the Contracting states do not have any interests of their own they merely have2:58:53 one and all a common interest namely the accomplishment of those High purposes2:58:59 which are the ra on data of the convention accordingly any state party2:59:07 to the genocide convention and not only a specially affected state may invoke the responsibility of another State2:59:14 party with a view to ascertaining the alleged failure to comply with its obligations erer omes partes and to2:59:21 bring that failure to an end that means that South Africa is asserting both a collective and an2:59:28 individual right it is thus Beyond doubt that South Africa is entitled to invoke the2:59:34 responsibility of Israel under the genocide convention through South Africa's interest in the common interest2:59:41 and as a state party to the genocide convention itself it is entitled to safeguard compliance with that2:59:48 instrument as has been explained the events unfolding in Gaza at the hands of2:59:54 the Israeli forces are frighteningly unprecedented yet what this court is being asked to do in these proceedings3:00:01 interdicting genocidal acts on an interim basis is sadly by no means3:00:07 novel in relation to genocide the court has indicated provisional measures in3:00:13 analogous circumstances to these in The Gambia case where as here a state sought3:00:18 provisional measures on the basis of the Ergo om's right that the genocide convention be complied3:00:24 with also in respect of genocide the court did the same in the Bosnia and Ukraine cases and most recently this3:00:32 court further accepted the ER omnes character of party's rights in relation to the torture3:00:38 convention so South Africa respectfully contends that in this case the rights of3:00:43 the Palestinians in Gaza are no less worthy of this Court's considerable3:00:49 protective power under article 41 to issue provisional measures this court cannot but find as3:00:56 it did in the Gambia case where this Court held that there is a correlation between the rights of members of groups3:01:02 protected under the genocide convention the obligations incumbent on States parties there too and the right of any3:01:09 state party to seek compliance therewith by another state party3:01:15 South Africa's request therefore complies with article 41 of this court statute and engages the power of this3:01:21 court to pre to preserve by such measures the rights which may subsequently be adjudged by it to belong3:01:28 to either party South Africa requests this court to discharge that critical3:01:33 protective power and South Africa does so by virtue of its own clear right and3:01:40 solemn obligations held towards the International Community as as a whole for the court to indicate one or3:01:47 more provisional measures there must also be a link between the rights the protection of which is sought and the3:01:52 provisional measure being requested such a link manifestly exists we say between3:01:58 the rights claimed by South Africa in its application and the provisional measures requested which are directly3:02:04 linked to the rights which form the subject matter of the dispute the provisional measures sought3:02:10 therefore ensure the protection of rights which might Al ultimately form the basis of a judgment in the exercise3:02:16 of the Court jurisdiction in due course the rights at stake in these3:02:23 proceedings are certainly at least plausible grounded in a possible3:02:29 interpretation of the convention and as the convention imposes on parties the obligation to prevent and punish3:02:36 genocide under article one and in doing so intend to protect groups and parts of3:02:41 groups from genocide the convention was designed to protect both States parties and human groups3:02:49 when acts in breach of the convention are perpetrated it is the fundamental rights of people and the relevant group3:02:55 that are violated those fundamental rights of Palestinians in Gaza would be3:03:00 the subject of any judgment by this court on the merits Madame President members of the3:03:06 court to find otherwise will not only be to treat Palestinians differently as less worthy3:03:12 of protection than others it would also be for the court to unduly limit its own3:03:18 competence to turn its back upon its extensive prior Juris prudence and to close its eyes to the breach of the3:03:25 rights which lie at the heart of the convention and which breaches are taking place in Gaza right now as I3:03:33 close Madame President I ask you now to call Miss narali KC to the podium who3:03:39 will address you on a risk of further genocidal acts the risk of reable harm and urgency and I thank you for your3:03:50 attention I thank professor dupi and I now invite Miss uh Ben Blen ngali to3:03:57 take the floor you have the floor3:04:04 Madam Madame Madam president members of the3:04:09 Court it is a great honor for me to appear
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