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AutorenbildWolfgang Lieberknecht

Watch in full: First day of ICJ - International Court of Justice - in South Africa's genocide case against Israel in Gaza


Watch the full proceedings of the first day at the International Court of Justice (ICJ) hearing for South Africa's genocide claim against Israel in Gaza. ICJ is one of the six principal organs of the United Nations (UN). South Africa asked for an emergency order calling on Israel to suspend its military campaign, which it launched after an attack by Hamas-led Palestinian fighters on 7 October, which killed 1,140 people, according to Israeli officials. The state filed the lawsuit at the end of December, citing statements made by Israeli public officials and the actions of its military. It is the first time Israel is being tried under the United Nations’ Genocide Convention, which was drawn up after the Second World War in light of the atrocities committed against Jews and other persecuted minorities during the Holocaust. Read everything you need to know about this case on Middle East Eye: https://www.middleeasteye.net/news/wh... See our full coverage on MEE website: https://www.middleeasteye.net/topics/...


0:00 basis of Palestinian life in Gaza0:06 second together with the force displacement Israel's conduct has been0:11 deliberately calculated to cause widespread hunger dehydration and0:18 starvation Israel's campaign has pushed gazans to the brink of famine and unprecedented 93% of the0:26 population in Gaza is facing crisis levels of0:32 hunger of all the people in the world currently suffering catastrophic0:40 hunger more than 80% are in0:45 Gaza the situation is such that the experts are now predicting that more0:52 Palestinians in Gaza may die from starvation and disease than air0:57 strikes and yet Israel continues to impede the effective delivery of humanitarian assistance to1:05 Palestinians not only refusing to allow sufficient Aid in but removing the1:11 ability to distribute it through constant bombardment and1:17 obstruction just 3 days ago on 8 January a planned Mission by un1:25 agencies to deliver urgent medical supplies and vit fuel to a hospital and1:32 medical supply Center was was denied by Israeli1:39 authorities this marked the fifth denial of a mission to the center since 261:46 December leaving five hospitals in Northern Gaza without access to1:52 life-saving medical supplies and equipment Aid trucks that are allowed in1:59 are seasoned upon by the hungry what is provided is simply not2:06 [Music]2:12 [Applause] enough Madam president members of the Court this is an image of an aid truck2:19 arriving in [Music] Gaza2:25 third Israel has deliberately inflicted conditions in which pales Ians in Gaza2:31 are denied adequate shelter clothes or sanitation for weeks there have been2:38 acute shortages of clothes bedding blankets and critical non-f food items clean2:44 water is all but gone leaving far below the amount2:51 required to safely drink clean and cook2:56 accordingly the who has stated that Gaza is experiencing soaring rates of3:03 infectious disease outbreaks cases of diarrhea in children3:08 under 5 years of age have increased [Music]3:15 2,000% since hostilities began when combined and left untreated3:22 malnutrition and disease create a deadly3:28 cycle the fourth genocidal act under article3:34 2B is Israel's military assault on gaza's Health Care system which renders life3:43 unsustainable even by 7 December the UN special rapitor on the right to health3:50 noted that the health care of infrastructure in the Gaza Strip has been completely3:57 obliterated those wounded by Israel in Gaza are being deprived of life-saving4:03 Medical Care gaza's Health Care System already crippled by years of blockade4:10 and prior attacks by Israel is unable to cope with the sheer scale of the4:19 injuries finally the UN special rapor violence against women and girls has4:26 pointed to acts committed by Israel that would fall under the C under4:32 the fourth category of genocidal acts in article 2D of the4:40 convention on 22 November she expressly warned the4:47 following the the reproductive violence inflicted by Israel on4:53 Palestinian women newborn babies infants and children could be qualified as acts5:01 of genocide under Article 2 of the genocide convention including imposing measures5:08 intended to prevent births within a5:15 group Israel is blocking the delivery of life-saving Aid including essential5:21 medical kits for delivering babies in circumstances where an5:28 estimated 100 0 women are giving birth in Gaza each5:35 day of these 180 women the W wh warns5:41 that 15% are likely to experience pregnancy or birth related complications5:49 and need additional medical care that care is simply not5:58 available in some Madam president all of these6:05 acts individually and collectively form a calculated pattern of conduct by6:12 Israel indicating a genocidal intent this intent is evident from6:19 Israel's conduct in specially targeting Palestinians6:25 living in Gaza using weaponry that causes large scale homicidal6:34 destruction as well as targeting snip targeted sniping of6:40 civilians designating safe zones for Palestinians to seek refuge and then6:46 bombing these depriving Palestinians in Gaza of6:52 basic needs food water Health Care fuel6:57 sanitation and communication ations destroying social7:03 infrastructure homes schools mosques churches7:11 hospitals and killing seriously injuring and leaving large numbers of children7:21 orphaned genocides are never declared in advance but this court has the benefit7:29 of the past 13 weeks of evidence that shows incontrovertibly a pattern of conduct7:37 and related intention that justifies a plausible claim of genocidal7:45 acts in The Gambia Myanmar case this court did not hesitate to impose7:51 provisional measures in relation to allegations that7:57 Myanmar was committing genocidal acts against the rohena within the rakine8:04 state the facts before the court today are sadly even more Stark and like The8:12 Gambia Myanmar case deserve and demand this Court's8:19 intervention every day there is mounting irreparable loss of life property8:27 dignity and Humanity for the pal inian people our news feeds show graphic8:34 images of suffering that has become unbearable to watch nothing will stop the suffering8:41 except an order from this court without an indication of provisional measures8:46 the atrocities will continue with the Israeli Defense Force indicating that it8:52 intends pursuing this course of action for at least a year in the words of the UN under8:59 Secretary General on 5 January 2024 I9:06 quote you think getting Aid into Gaza is easy think9:12 again three layers of inspections before trucks can even9:18 enter confusion and long cues a growing list of rejected items a crossing point9:26 meant for pedestrians not trucks another crossing point where trucks have been blocked by desperate hungry9:34 communities a destroyed commercial sector constant bombardments poor9:42 Communications damaged roads convoys shot at damage delays at9:50 checkpoints a traumatized and exhausted population crammed into a smaller and9:56 smaller sliver of land shelters which have long exceeded their10:02 full capacity Aid workers themselves displaced10:08 killed this is an impossible situation for the people of Gaza and for those10:13 trying to help them the fighting must stop close10:21 quote Madame President members of the court that10:26 concludes my section on the genocide conduct of Israel I thank you for your10:32 patient attention and I ask that you call Advocate Muk Toby to the podium to10:39 address the court on genocidal intent I thank Miss hassim and I now10:45 invite Mr tbea Nuka toi to address the court you have the floor10:58 sir Madame President and distinguished11:03 members of the Court it is a privilege to appear before the court on behalf of11:09 South Africa I will address Israel's genocidal11:14 intent at this stage the court is not required to determine that the only11:20 inference to be drawn from the available evidence is11:25 genocide to order provisional measures as that is to decide the merits rather the assessment of the11:34 existence of an inun to destroy could be made by the court only11:39 at the stage of the examination of the merits that some of the alleged acts may11:46 also amount to atrocities other than genocide does not exclude the finding of11:53 plausible acts of genocide Madame President11:59 South Africa is not alone in drawing attention to Israel's genocidal rhetoric12:07 against Palestinians in Gaza 15 United Nations special12:14 repertoar and 21 members of the United Nations working groups have warned that12:21 what is happening in Gaza reflects a genocide in the12:26 making and an of that intent to destroy the Palestinian people and our12:35 occupation Israel has a genocidal intent against the Palestinians in12:43 Gaza that is evident from the way in which Israel's military attack is being12:49 conducted which has been described by Miss hassim C it is systematic in its character and12:57 form the mass displacement of the population of Gaza headed into areas13:04 where they continue to be killed and the deliberate creation of conditions that13:09 quote lead to a slow death unquote there is also the clear pattern13:17 of conduct the targeting of family homes and civilian13:23 infrastructure laying waste to vast areas of Gaza and the bombing shelling13:29 and sniping of men women and children where they stand the destruction of the13:35 health infrastructure and lack of access to humanitarian assistance so much so that13:41 as we stand today 1% of the Palestinian population in Gaza13:48 has been systematically decimated and one in four Gins have been13:54 injured since 7 October these two elements s alone are14:00 capable of evidencing Israel's genocidal intent in relation to the whole or part14:08 of the Palestinian population in Gaza however third there is an14:16 extraordinary feature in this case that Israel's political leaders14:22 military commanders and persons holding official positions have systematically14:27 and in explicit s declared their genocidal intent and these statements are then14:36 repeated by soldiers on the ground in Gaza as they engage in the destruction14:42 of Palestinians and the physical infrastructure of Gaza we show this third element14:51 next Israel's special genocidal intent is rooted in the belief that in fact in14:58 fact the enemy is not just the military wing of15:03 Hamas or indeed Hamas generally but is embedded in the fabric of Palestinian15:10 life in Gaza on 7 October in a televised address15:16 Israeli Prime Minister Benjamin netan declared war on Gaza and I quote Israel15:23 had started clearing out the communities that have been infiltrated by15:29 terrorists and he warned of an unprecedented price to be paid by the15:36 enemy there are more than 2.3 million Palestinians in Gaza Israel is the occupying power in15:44 control of Gaza it controls entry exit and the internal movements of inside Gaza and15:53 qua prime minister Mr netan exercises overall command over by the Israeli15:59 Defense Force and in turn the Palestinians in Gaza prime minister netan in his address16:06 to the Israeli forces on 28 October 2023 preparing for the invasion of Gaza16:13 urged the soldiers to remember what amalec has done to16:19 you this refers to the biblical command by God to Saul for the retaliatory16:25 destruction of an entire group of people known as the16:31 amalekites put to death men and women children and infants cattle and16:39 ship camels and donkeys the genocidal invocation to16:45 amalec was anything but Idol it was reputed by Mr natany in a16:52 letter to the Israeli Armed Forces on 3 November 2023 B president let the prime17:00 minister's words speak for17:07 themselves has done to you says our Holy Bible and we do remember and we are17:13 fighting our brave troops and combatants who are now in Gaza or around Gaza17:27 and17:37 the deputy speaker of the keset Israel's parliament has called for17:44 the Erasure of the Gaza Strip from the face of the17:51 Earth the Defense Force agrees on 9 October the defense minister17:58 yav Gallant gave a situation update to the Army where he said that as Israel18:05 was imposing a Complete Siege on Gaza there would be no electricity no food no18:11 water no fuel everything would be closed because Israel is fighting Human18:20 animals speaking to troops on the Gaza border he instructed them that he has18:25 released all the restraints and that Gaza won't return to what it was18:31 before we will eliminate everything we will reach all18:37 places eliminate everything reach all places without any18:43 restraints the theme of destruction of human animals was reiterated by an18:49 Israeli Army coordinator of government activities in the territories on 918:54 October 2023 who in an address to to Hamas and the residents of Gaza stated19:01 that Hamas has become Isis and that the citizens of Gaza are celebrating instead19:07 of being horrified he concluded that Human animals are dealt with19:13 accordingly Israel has imposed a total blockade on Gaza no electricity no water19:19 just damage you wanted hell you will get hell the language of systematic19:26 dehumanization is evident here Human animals both Hamas and civilians are19:36 condemned within the Israeli cabinet this is also a widely held19:41 view the minister of energy and infrastructure Israel Cuts called for the denial of water and19:49 fuel as this is what will happen to a people of children killers and19:56 slaughterers this admits of no ambiguity it means to create conditions of death20:02 of the Palestinian people in Gaza to die a slow death because of20:08 starvation and dehydration or to die quickly because of a bomb attack or20:15 snipers but to die nevertheless in fact Heritage Minister20:22 Amai El said that Israel must find ways for Gins that are more painful than20:29 death it is no answer to say that neither are in command of the army they20:36 are ministers in the Israeli government they vote in the knesset and are in a20:42 position to shape State policy the intent to destroy Gaza has20:47 been nurtured at the highest levels of State as president Isaac hok has joined20:54 the ranks of those signing bombs destined for Gaza20:59 having previously noted that the entire population in Gaza is21:04 responsible and that this rhetoric about civilians not aware not involved is absolutely not true we will fight until21:12 we break their backbone later attempts by the president and others to neutralize this speech21:19 have not altered The Sting of his words which was to Tar all Palestinians as21:26 responsible for the actions of Hamas nor as I will show below has it21:32 affected how State policy is understood within21:37 government the minister of National Security repeated the president statements that Hamas and civilians are21:45 responsible in equal measure on 10 November 2023 in a21:50 televised interview he stated that when we say that Hamas should be destroyed it21:57 also means those who celebrate those who support and those who hand out candy22:03 they are all terrorists and they should also be destroyed these are orders to destroy22:10 and to maim what cannot be destroyed these statements are not open22:15 to neutral interpretations or after the fact rationalizations and reinterpretations by22:22 Israel the statements were made by persons in command of the state they22:28 communicated State policy it is simple if the statements were not intended they22:33 would not have been made the genocidal intent behind these22:40 statements is not ambiguous to the Israeli soldiers on the ground indeed it is directing their22:47 actions and objectives on 7 December 2023 Israeli22:53 soldiers proved that they understood the prime M Minister's message to remember what the amalec has done to23:01 you as genoci they were recorded by journalists dancing and singing we know our motto23:08 they are no uninvolved that they obey one commandment to wipe off the seed of23:15 amalec the prime minister's invocation of amalec is being used by soldiers to23:20 justify the killing of civilians including children these are the soldiers repeating the inciting words of23:27 of their prime23:33 [Music] [Applause]23:44 [Music]23:54 [Applause] minister [Music]24:05 [Music]24:18 [Applause] [Music] [Applause]24:24 [Music] it's24:29 Israeli soldiers in Gaza were filmed dancing chanting and singing in24:35 November May their Village B may Gaza be erased there is now a trend among the24:42 soldiers to film themselves committing atrocities against civilians in Gaza in24:48 a form of snuff video One recorded himself detonating over 50 houses in24:56 Shaya other soldiers were recorded singing we will destroy all of can Unice25:02 and this house we will blow it up for you and for everything you do for us25:08 these are the soldiers putting into effect their25:18 [Music]25:26 command25:45 [Music]25:56 can26:14 the commanders of the army are also of the same mind Israeli Army Commander y Ben David26:22 has stated that the Army had done in bit hanon and did their as Shimon and Lev26:29 did in Nablus and that the entire Gaza should resemble bit26:35 Heron Israeli soldier yesai shalev published26:41 a video against the backrop of the ruins of what was the site of Alazar26:47 University with a caption once upon a time there was a university in Gaza and26:52 in practice a school for murderers and Human animals soldiers obviously believe that27:00 this language and their actions are acceptable because the destruction of27:06 Palestinian life in Gaza is articulated State policy senior political and military27:12 officials encouraged without censure the 95-year-old Israeli Army reservist Ezra27:18 yakin a veteran of the D Yasin Massacre against the Palestinians in 1948 to27:25 speak to the soldiers ahead of the ground invasion in Gaza in his tour he27:32 echoed the same sentiment while being driven around in an officially Israeli army vehicle dressed in Israeli army27:39 fatigue I quote be triumphant and finish them off27:45 and don't leave anyone behind erase the memory of them erase them their families27:50 mothers and children these animals can no longer live if you have an Arab27:56 neighbor don't wait go to his home and shoot him we want to invade not like28:02 before we want to enter and Destroy what's in front of us and destroy houses28:07 then destroy the one after it with all of our forces complete destruction enter28:13 and Destroy as you can see we will witness things we've never dreamed of28:19 let let them drop bombs on them and erase them as recently as 7 January 2024 a28:28 video of a soldier was posted online where he boasts that the Army had destroyed the entire Village of hiet28:37 AAR for two weeks he said they had worked hard to bomb the village and28:42 executed their mandate any suggestion that senior28:47 politicians did not mean what they said much less that the meaning was not understood by soldiers in Gaza would be28:55 without any Merit the scale of Destruction in Gaza the mass targeting29:00 of family homes and civilians the war being a war on children all make clear29:06 that genocidal intent is both understood and is being put into practice the29:13 ulated intent is the destruction of Palestinian life in all its29:20 manifestations the genocidal rhetoric is also common place within the Israeli29:26 cesnet members of the can canet have repeatedly called for29:34 Gaza to be wiped out flattened erased and crushed on all its29:40 inhabitants they have deployed anyone feeling sorry for the uninvolved cousins29:46 asserting repeatedly that there are no uninvolved that they are no innocence in29:51 Gaza that the killers of the women and children should not be separated from the citizens of Gaza and that the29:58 children of Gaza have brought this upon themselves and that there should be one30:03 sentence for everyone there death finally the lawmakers have called30:09 for mercilessly bombing from the air with some advocating for the use of30:15 nuclear doomsday weapons and a knba that will overshadow the knba of30:22 48 the prime minister's genocidal speech has gained ground among some elements of30:28 Civil Society a famous singer has repeated Mr netanyahu's Amal reference stating that30:35 Gaza must be wiped out and be destroyed with every amalik seed we simply Must30:41 Destroy All of Gaza and exterminate everyone who is there another has called30:47 to erase Gaza not leave a single person there journalists and commentators have30:52 announced that the woman is an enemy the baby is an enemy me the pregnant woman30:59 is an enemy that it is necessary to turn the strip into a slaughter house to31:04 demolish every house our soldiers come across exterminate31:13 everyone the intentional failure of the government of Israel to condemn prevent and punish31:22 such genocidal incitement constitutes in itself a great31:27 violation of the genocide convention we should recall Madame31:33 President that in article one of the convention Israel31:38 confirmed that genocide whether con committed in time of peace or in time of31:45 war is a crime under international law and it undertook to prevent and to31:51 punish it as such this failure to prevent condemn and31:56 punish such speech by the government has served to normalize genocidal rhetoric32:03 and extreme danger for Palestinians within Israeli society as MK mosha s from the liquid32:11 party has said the government's own attorneys share his views that32:16 Palestinians in Gaza must be destroyed I quote you go anywhere and32:23 they tell you to destroy them in the kibuts they tell you to destroy them my32:29 friends at the state attorney's office who fought with me on political issues in debates said to me it is clear that32:37 we need to destroy all Gins destroy all32:44 Gins Israel is aware of its destruction of Palestinian life and32:51 infrastructure despite this knowledge it has maintained and indeed intensified32:57 its military activity in Gaza as to full awareness in the week33:04 after 7 October ngos and the United Nations warned of an unprecedented33:10 humanitarian crisis in Gaza the UN stated that actors must allow33:16 humanitarian teams and goods to immediately and safely reach the hundreds of thousands of people in33:23 need so right from the beginning Israel knew that it was depriving water food33:31 electricity and Essentials for survival it said so everything is33:38 closed it is known that it was depriving Palestinians of Health Care and treatment for injury in the middle of an33:45 unprecedented bombardment of food and water and of other Essentials for33:51 survival this prompted the World Health Organization to say we we are on our33:58 knees asking for sustained scaled up protected humanitarian operations34:04 appealing to all those in a situation to make a decision or influence decision makers to34:11 give us the humanitarian space to address this human34:17 catastrophe despite this knowledge Israel continues to Target infrastructure essential for34:24 survival water and sanitation INF structure solar panels bakeries meals34:32 crops it bombs hospitals decimating the Healthcare System it targets Aid workers and the34:40 infrastructure of the United Nations it is because of the policy of Israel that34:46 Gaza has become a place of death and34:51 despair in conclusion Madame President many propagators of grave34:58 atrocities have protested that they were misunderstood that they did not mean35:04 what they said and that their own words were taken out of context what state would admit to a35:12 genocidal intent yet the distinctive feature of this case has not been the silence as35:21 such but the reiteration and repetition of genocidal speech throughout every35:28 sphere of State in Israel we remind the court of the35:34 identity and authority of the genocidal inciters the Prime35:40 Minister the president the Minister of Defense the35:45 minister of National Security the minister of energy and infrastructure members of the canet35:53 senior Army officials and foood soldiers genocidal utterances are35:59 therefore not out in the fringes they are embodied in state36:05 policy the intent to destroy is plainly understood by soldiers on the ground it36:12 is also fully understood by some within the Israeli Society with a government36:17 facing criticism for allowing in any age to Gaza on the basis that it is36:22 recounting on its promise to starve palestin I any suggestion that Israeli36:30 officials did not mean what they said or were not fully understood by soldiers36:35 and civilians alike to mean what they said should be rejected by this court36:41 the evidence of genocidal intent is not only chilling it is also overwhelming36:47 and incontrovertible Adam president it is now my honor to request you to call Mr36:55 John gugat on the subject of jurisdiction I thank Mr Good Kai Toby37:02 and I now invite professor John dugar to take the floor you have the floor37:25 professor Madam president distinguished members of37:31 the Court it is a great priv privilege to appear before you today on behalf of37:37 the Republic of South Africa in my speech I will address the question of37:44 jurisdiction the people of South Africa and of Israel both have a history of37:51 suffering both states have become parties to the genocide convention in37:56 the determination to end suffering in the spirit neither has38:02 attached a reservation to article 9 of the convention on the prevention and38:08 Punishment of the crime of genocide it is in terms of this38:14 convention dedicated to saving Humanity that South Africa brings this dispute38:20 before the court the prohibition on genocide is a peremptory38:27 Norm obligations under the genocide convention are ER omnes obligations owed38:33 to the International Community as a whole states parties to this convention38:40 are obliged not only to desist from genocidal acts but also to prevent them38:48 that the obligation of State parties to prevent acts of genocide is the38:53 foundation of the convention is clear from its placement in article one of the39:02 convention article 9 of the genocide convention makes it clear that state parties are Guardians of the genocide39:11 convention unlike other treaties designed to protect human rights it does39:17 not oblige states to pursue negotiations as a Prelude to approaching39:22 this court it does not treat the ending of genocidal acts as a bilateral Affair39:30 between states instead it envisages a situation39:35 in which a state acting on behalf of the International Community as a whole39:40 seizes the jurisdiction of the Court as a matter of urgency to prevent39:48 genocide South Africa has a long history of close relations with Israel for this reason it did not bring39:56 the dispute immediately to the attention of the Court it watched with40:03 horror as Israel responded to the terrible atrocities committed against his people on 7 of40:10 October with an attack on Gaza that resulted in the indiscriminate killing40:15 of innocent Palestinian civilians most of whom were women and40:22 children the South African government repeatedly voiced it concerns in the40:27 security Council and in public statements that Israel's actions had40:33 become genocidal on 10 November in a formal40:39 diplomatic day March it informed Israel that while it condemned the actions of40:44 Hamas it wanted the international criminal court to investigate the leadership of Israel for international40:52 crimes including genocide as the court run know the definition of genocide in the Rome40:59 statute repeats that of the genocide41:04 convention on 17 October South Africa referred Israel's41:10 Commission of the crime of genocide to the international criminal court for41:15 quote vigorous investigation unquote in announcing this decision41:21 president Raposa publicly expressed his abhorrence for what is happening right41:27 now in Gaza which is now turned in into a concentration camp where41:34 genocide is taking place to accuse a state of committing41:41 acts of genocide and to condemn it in such strong language is a major act on41:47 the part of a state at this stage it became clear that there was a serious dispute between41:54 South Africa and Israel which would end only with the end of Israel's genocidal42:02 act South Africa repeated this accusation at a meeting of bricks on 2142:10 November and at an emergency special session of the United Nations General42:16 Assembly on 12 December no response from Israel was42:22 forthcoming none was necessary by this time the dispute had crystallized as a matter42:29 of law this was confirmed by Israel's official and unequivocal Denial on 6th42:37 December that it was committing genocide in42:43 Gaza however as a matter of courtesy before filing the present42:49 application on 21 December South Africa sent a note bbal to the Embassy of42:55 Israel to reiterate its view that Israel's acts of genocide in Gua43:01 amounted to genocide that it as a state party to the genocide convention was43:08 under an obligation to prevent genocide from being committed Israel responded by way of a43:15 note veral that failed to address the issues raised by South Africa in its43:22 note and neither affirmed nor denied the ex existence of a43:28 dispute this was emailed later on the 27th of December this note was received by the43:35 relevant South African team on the 29th of December after the present43:40 application was filed on Four January South Africa43:46 replied to this note foral highlighting Israel's failure to43:53 prevent any response to the matter is raised by South Africa over the previous43:59 months as reiterated in its note forb South Africa made it clear that44:05 given Israel's ongoing conduct against Palestinians in Gaza the dispute44:12 referred to in his note foral of 21 December remained unresolved and was44:19 plainly not capable of resolution by way of a bilateral44:25 meeting nevertheless South Africa proposed a meeting on 5 January again44:30 out of courtesy Israel responded to this note Bal by44:36 proposing that we reconnect to coordinate a meeting at the earliest44:42 opportunity after the close of hearings in the present case to this South Africa44:49 understandably replied that such a meeting would serve no44:54 purpose Madam president these notes of AAL are all to be found in the judge's45:05 folder the existence of a dispute is a matter to be determined by an objective45:11 determination of the fact as they existed at the time of the filing of the45:17 application at this time South Africa had already accused Israel in the45:24 security Council the general assembly and other public fora of engaging in genocidal acts it45:33 had conducted a diplomatic dayar on Israel warning it that it viewed its45:39 conduct as genocidal it had requested the international criminal court to45:45 vigorously investigate crimes under the genocide convention committed45:51 by Israel in the Goda strip and did to accused Israel into Alia of the45:58 deliberate targeting of civilians intentionally causing starvation and46:04 impeding relief supplies it had accused Israel leaders46:10 of expressing quote the intent of committing46:15 genocide Israel had flatly denied South Africa's46:23 accusations despite these harsh accusations Israel has persisted in its46:29 genocidal act against the population of Gaza what more evidence could be46:35 required to it is precisely because of a situation of this kind affecting the46:41 International Community as a whole that article 9 of the genocide convention46:47 does not require negotiations as a precondition to seizing the jurisdiction46:53 of the Court certainly a respondent state cannot prevent a referral to the47:01 court by claiming that there is no dispute and that it wants discussions on this matter when the existence of the47:08 dispute is clear for a state to insist on a time frame for47:13 negotiations would simply be a license to commit genocide and would run counter47:19 to the object and purpose of the Geneva of the genocide convention47:27 Madam president the question of the crystallization of a dispute has been addressed by this court in preliminary47:36 objections at the Merit stage where the burden of proof is higher although the court has generally47:43 adopted a flexible approach to the subject it has laid down a number of47:49 tests for the existence of a dispute first it must be shown that that47:55 the claim of one party is positively opposed by the48:01 other second the date for determining the existence of the dispute is the date of48:08 the application by subsequent conduct may be48:13 considered three whether the dispute exists must be determined by an48:19 objective determination of the fact and for a dispute exists when it is48:26 demonstrated on the basis of the evidence that the respondent was aware48:31 or could not have been unaware that its views were positively48:39 opposed when these propositions are applied to the facts of this case it is48:46 incontrovertible that a dispute exists between South Africa and48:52 Israel South Africa strongly believes that what Israel is doing in Gaza amounts to49:00 genocide Israel denies this and claims that such an accusation is legally and49:07 factually wrong and moreover is49:14 obscene so an objective determination of the facts shows that a dispute existed49:22 on the date of the submission of South Africa application and this has been confirmed49:29 by Israel's subsequent statements and by its continuing conduct in49:36 Gaza moreover Israel must have been aware from South Africa's public49:42 statements the Demar and the referral of the matter to the international criminal49:49 court of Israel's genocidal act that a dispute existed between the two states49:59 States Madam president the court has indicated that in an application for50:05 provisional measures it is sufficient to show that there is a Primacy basis for50:14 jurisdiction it is submitted that South Africa has convincingly established the existence50:21 of a dispute between it and Israel over the Fulfillment of the latter's50:28 obligations under the genocide convention finally it is submitted that50:36 regard should be had to the special considerations that apply to the existence of a dispute under article 950:43 of the genocide convention between a state that brings an application in50:50 furtherance of its obligation to prevent genocide and a state accused of50:56 committing genocide this this concludes my speech51:02 Madam president I thank you the members of the court for your attention I now51:08 ask you to call to the podium Professor MX to proceed to address you on the51:14 nature of the rights requiring protection and the link between such51:19 rights and the me and the measures requested thank you I thank you51:26 Professor Dugard before I give the floor to the next speaker the court will observe a coffee break of 10 minutes51:31 sitting is a51:54 jour52:25 you52:54 for1:11:55 that's1:12:22 Co1:12:52 for1:12:58 please be1:13:03 seated the sitting is resumed I now give the floor to Professor Max dessi you1:13:09 have the floor1:13:18 Professor Madame President distinguished members of the Court it is a privilege1:13:24 to appear before you it's truly my honor to represent South Africa in these1:13:29 proceedings I will be focusing on the nature of the rights that South Africa seeks to preserve through its1:13:36 application and the link between such rights and the measures requested as well established in the1:13:43 Court's jurisprudence and most recently in this Court's decision in The Gambia case for the court to exercise its power1:13:51 to indicate provisional measures the rights claimed by South Africa on the merits and for which it is seeking1:13:58 protection must be at least plausible this threshold does not1:14:04 require the court to determine definitively whether the rights which South Africa wishes to see protected1:14:12 exist rather the rights asserted must merely be grounded in a possible1:14:18 interpretation of the convention and the court must be concerned to preserve by such measur the rights which may1:14:24 subsequently be adjudged by it to belong to either party Palestinians in Gaza as a very1:14:32 substantial and important part of the Palestinian national racial and ethnical1:14:38 group simply but profoundly are entitled to1:14:44 exist as South Africa's Ambassador pointed out in opening to situate the right to exist1:14:51 and the threats to that right requires the court to appreciate that this application by South Africa is brought1:14:58 within a particular context what is happening in Gaza now is1:15:04 not correctly framed as a simple conflict between two1:15:09 parties it entails instead destructive acts perpetrated by an occupying power1:15:16 Israel that has subjected the Palestinian people to an oppressive and1:15:21 prolonged violation of their rights to self-determination for more than half a1:15:27 century and those violations occur in a world where Israel for years has1:15:34 regarded itself as Beyond and above the law as the UN special rorer on the1:15:41 occupied pal Palestinian territor explained in 2022 and I1:15:46 quote the occupation by Israel has been conducted in profound Defiance of1:15:52 international law and hundreds of United Nations resolutions with scanned push back from the International1:15:58 Community that context is important as South Africa made clear in its application where the International1:16:05 Community has failed Palestinians for so long and despite Israel's willful1:16:12 Defiance of Palestinians rights South Africa turns to this court seeking to1:16:17 protect the core rights of Palestinians in Gaza to be protected from acts of1:16:22 genocide attempted genocide direct and public incitement to genocide and1:16:28 complicity in and conspiracy to commit genocide as the court knows the1:16:33 convention prohibits the destruction of a group or part of that group including through killing causing serious bodily1:16:40 and mental harm and inflicting conditions of Life calculated to bring about the group's physical1:16:47 destruction through these core rights the convention further protects the rights of its members to life life and1:16:54 physical and mental Integrity Palestinians in Gaza women men1:17:00 children because of their membership in a group are protected by the Convention1:17:07 as is the group itself and the core rights are violated1:17:12 and threatened by a remarkable set of facts outlined by my colleagues and set1:17:18 out in detail in South Africa's application with supporting evidence1:17:24 in the speeches to this court today South Africa has chosen as you've heard to avoid the showing of graphic videos1:17:30 and photos it has decided against turning this court into a theater for spectacle1:17:37 it knows as well as your excellencies the Temptation for both sides in a1:17:42 dispute to parade pictures to shock but South Africa's application in those court today is built on a foundation of1:17:50 clear legal rights not images the detail material before the court is marshaled1:17:57 to show a case for provisional measures based firmly on this Court's prior1:18:02 decisions and South Africa advances its case on the basis that Palestinians rights are equally as worthy of1:18:10 protection on the unprecedented evidence before you as those of the victim groups1:18:16 that this honorable court has previously protected by its issuance of provisional measures in the past1:18:24 the material confirms the rights in issue and their violation that Israel has committed and is committing acts1:18:31 capable of being characterized as genocidal you have heard from missim1:18:37 about direct extermination of thousands of people and Children of the Palestinian population in Gaza since 71:18:45 October last year and South Africa and the world together stand witness to the forced1:18:51 evacuation of 85% of the population of Gaza from their homes and the hering of1:18:58 them into ever smaller areas without adequate shelter or medical care to be attacked killed and1:19:04 harmed so the rights are immediately and urgently in need of protection because1:19:11 of the ongoing denial by Israel of the conditions necessary for life it is1:19:17 difficult with respect to think of a clearer or more abundantly urgent case1:19:24 Arif Hussein the chief Economist at the United Nations world food program chillingly warned a week ago on the 3rd1:19:31 of January and I quote I've been doing this he said for1:19:37 the past two decades and I've been to all kinds of conflicts and all kinds of1:19:43 Crisis and for me this the situation in Gaza is1:19:48 unprecedented because of one the magnitude the scale the entire1:19:54 population of a particular place second the severity and third the speed at which1:20:02 this is happening at which this has unfolded is unprecedented he concluded in my life1:20:10 I've never seen anything like this in terms of severity in terms of scale and1:20:16 then in terms of speed Madam president esteemed judges1:20:22 the core rights on the evidence provided by South Africa in its application are1:20:27 demonstrably being violated multiple further statements by1:20:33 un bodies and experts as well as various expert human rights organizations and1:20:38 institutions and States all of which is set out in South Africa's application1:20:44 confirm as much they collectively have considered the acts committed by Israel to be1:20:50 genocidal or at the very least warned that the Palestinian people are at risk of1:20:56 genocide since the application was initiated further States 13 to date1:21:02 including the Arab League and the organization of Islamic coroporation representing 57 states as well as other1:21:11 experts have expressed their support for the case thereby underlining the plausibility of South Africa's claim for1:21:18 provisional measures for the purposes of the indication of provisional measures the1:21:24 rights asserted by South Africa under the genocide convention and their protection corresponds with the very1:21:32 object and purpose of the convention based on the materials before the court1:21:38 the acts by Israel complained of are capable of being characterized as at1:21:43 least plausibly genocidal as Mr toi has explicated the1:21:49 evidence of the specific genocidal intent is clear from the statements by Israeli government officials and1:21:55 soldiers towards Palestinians in Gaza and which may be characterized as at the1:22:01 very least plausibly genocidal this at least plaus plausible1:22:07 genocidal intent can also be deduced from the pattern of conduct against Palestinians in1:22:13 Gaza it is also again at the very least plausible that Israel has failed to1:22:20 prevent or to punish genocide conspiracy to commit genocide direct and public1:22:26 incitement to genocide attempted genocide and complicity in1:22:32 genocide and it is further plausible that South Africa has an obligation to prevent genocide including by taking all1:22:39 reasonable measures within its powers to influence effectively the actions of1:22:45 persons perpetrating and likely to commit genocide or engaging in direct or public incitement to genocide so let me1:22:52 be clear South Africa's obligation is motivated by the need to protect1:22:58 Palestinians in Gaza and their absolute rights not to be subjected to genocidal1:23:03 acts notwithstanding the incontestably serious nature of the allegations against Israel the court should not be1:23:11 required before granting provisional measures to ascertain whether the existence of a genocidal intent is the1:23:17 only plausible inference to be drawn from the material before it that amount1:23:23 to the court making a determination on the merits moreover South Africa has1:23:31 stressed that any motive or effort by Israel to destroy Hamas does not preclude genocidal intent by Israel1:23:39 towards the whole or part of the Palestinian people in Gaza evidence of other motives1:23:46 explaining its conduct as a perpetrator will not save Israel from a finding that1:23:52 it also possessed the requisite genocidal intent and because of a fundamental feature of genocide namely1:24:00 that the prohibitions on genocide and Associated offenses are Ed Cogan in nature they are subject therefore to no1:24:07 exceptional qualification they are absolute in nature in times of War and Peace always1:24:15 and everywhere furthermore the fact that the alleged acts may also be characterized1:24:21 as crimes other than genocide should not exclude the plausible inference of the existence of genocidal1:24:28 intent as the UN Secretary General has stated the prevention of genocide is intrinsically connected to preventing1:24:35 crimes against humanity and war crimes as these crimes tend to occur concurrently in the same situation1:24:42 rather than as isolated events consequently he said initiatives aimed1:24:47 at preventing one of the crimes will in most circumstances also cover the others1:24:52 and as also set out in the ilc articles on state responsibility the wrongful Act1:24:57 of genocide is generally made up of a series of Acts which are themselves1:25:02 internationally wrongful Madame President honorable members of the1:25:08 Court South Africa's claims thus concern in the first place its own obligations1:25:13 as a state party to the genocide convention to act to prevent and punish genocide in the application South Africa1:25:21 has stressed that it is is acutely aware of its own obligation as a state party to the convention to prevent1:25:27 genocide indeed this court has recognized the Universal Character both of the condemnation of genocide and of1:25:34 the cooperation required in order to liberate Mankind from such an odious Scourge as the prohibition of genocide1:25:42 is assuredly a perent norm of international law or use kogens it is crucial that states pursue their1:25:47 interest under the convention in ensuring acts of genocide are prevented additionally due to the1:25:54 special characteristics of the genocide convention the respondent state owes this Duty not only to the Palestinian1:26:00 people but to all states parties to the genocide convention including South1:26:05 Africa this has been emphasized repeatedly by this court and most recently in The Gambia case where the1:26:11 Court held and I quote all the states parties to the genocide convention have a common interest to ensure that acts of1:26:18 genocide are prevented and that if they occur their1:26:24 auth do not enjoy impunity that common interest said the court implies that the obligations in1:26:31 question are owed by any state party to all the other states parties to the convention similarly the court has1:26:39 reiterated that in such a convention the Contracting states do not have any interests of their own they merely have1:26:47 one and all a common interest namely the accomplishment of those High purposes1:26:53 which are the ra on datra of the convention accordingly any state party1:27:00 to the genocide convention and not only a specially affected state may invoke the responsibility of another state1:27:07 party with a view to ascertaining the alleged failure to comply with its obligations erer om partes and to bring1:27:14 that failure to an end that means that South Africa is asserting both a collective and an1:27:21 individual right it is thus Beyond doubt that South Africa is entitled to invoke the1:27:27 responsibility of Israel under the genocide convention through South Africa's interest in the common interest1:27:34 and as a state party to the genocide convention itself it is entitled to safeguard compliance with that1:27:41 instrument as has been explained the events unfolding in Gaza at the hands of1:27:47 the Israeli forces are frighteningly unprecedented yet what this court is being asked to do in these proceedings1:27:54 interdicting genocidal acts on an inim basis is sadly by no means1:28:00 novel in relation to genocide the court has indicated provisional measures in1:28:06 analogous circumstances to these in The Gambia case where as here the state1:28:11 sought provisional measures on the basis of the ER om's right that the genocide convention be complied with also in1:28:19 respect of genocide the court did the same in the BOS and Ukraine cases and1:28:24 most recently this court further accepted the ER omn character of Pary rights in relation to the torture1:28:31 convention so South Africa respectfully contends that in this case the rights of1:28:36 the Palestinians in Gaza are no less worthy of this Court's considerable1:28:42 protective power under article 41 to issue provisional measures this court cannot but find as1:28:49 it did in the Gambia case where this court held that there is a correlation between the rights of members of groups1:28:55 protected under the genocide convention the obligations incumbent on States parties there too and the right of any1:29:02 state party to seek compliance there with by another state party South Africa's request therefore1:29:10 complies with article 41 of this court statute and engages the power of this court to prever preserve by such1:29:17 measures the rights which may subsequently be adjudged by it to belong to either party1:29:22 South Africa requests this court to discharge that critical protective power1:29:28 and South Africa does so by virtue of its own clear right and solemn obligations held towards the1:29:35 International Community as a whole for the court to indicate one or more provisional measures there must1:29:41 also be a link between the rights the protection of which is sought and the provisional measure being requested such1:29:47 a link manifestly exists we say between the rights claimed by South Africa in1:29:53 its application and the provisional measures requested which are directly linked to the rights which form the1:29:59 subject matter of the dispute the provisional measures sought therefore ensure the protection of1:30:05 rights which might ultimately form the basis of a judgment in the exercise of the Court jurisdiction in due1:30:13 course the rights at stake in these proceedings are certainly at least1:30:19 plausible grounded in a possible interpretation of the convention and as the convention imposes on parties the1:30:26 obligation to prevent and punish genocide under article one and in doing so intends to protect groups and parts1:30:34 of groups from genocide the convention was designed to protect both States parties and human1:30:41 groups when acts in breach of the convention are perpetrated it is the fundamental rights of people and the1:30:47 relevant group that are violated those fundamental rights of pal Ians in Gaza1:30:53 would be the subject of any judgment by this court on the merits Madam president members of the1:30:59 court to find otherwise will not only be to treat Palestinians differently as less worthy1:31:05 of protection than others it would also be for the court to unduly limit its own1:31:11 competence to turn its back upon its extensive C jurus prudence and to close1:31:16 its eyes to the breach of the rights which lie at the heart of the convention and which breaches are taking place in1:31:23 Gaza right now as I close Madame President I ask you now to1:31:29 call Miss narali KC to the podium who will address you on a risk of further1:31:34 genocidal acts the risk of vable harm and urgency and I thank you for your1:31:43 attention I thank professor dupy and I now invite miss Ben Glen neali to take1:31:50 the floor you have the floor1:31:57 Madam Madame Madam president members of the1:32:02 Court it is a great honor for me to appear before the court once1:32:08 again it is also both a privilege and a weight to responsibility for me to1:32:14 represent South Africa in this case of such severe gravity it is my task to examine the1:32:23 urgency and the risk of irreparable harm to the rights claimed the final two1:32:28 conditions to be met for the court to indicate provisional1:32:35 measures before that I should like to address South Africa's sincere apologies1:32:43 to the frankophone members of the court for not having made any of its submissions in1:32:49 French South Africa would ask you not to regard this as a lack of courtesy on its1:32:55 part if you will allow I shall now continue my pleadings in1:33:01 English Madame President members of the Court there is an urgent need for1:33:07 provisional measures to protect Palestinians in Gaza from the irreparable Prejudice caused by Israel's1:33:14 violations of the genocide convention the United Nations Secretary1:33:20 General and its Chiefs describe the situation in Gaza variously as a crisis1:33:25 of humanity a living hell a blood bath a1:33:31 situation of utter deepening and unmatched horror where an entire1:33:36 population is besieged and under attack denied access to the essentials for1:33:42 survival on a massive scale as the United Nations under1:33:47 Secretary General for humanitarian Affairs stated last Friday and I quote Gaza has become a place of death1:33:56 and despair families are sleeping in the open is temperatures1:34:01 plummet areas where civilians were told to relocate for their safety have come under Relentless attack1:34:09 bombardment medical facilities are under Relentless attack the few hospitals that1:34:14 are partially functional are overwhelmed with trauma cases critically short of1:34:19 all supplies and inundated by desperate people seeking safety a public health disaster is1:34:28 unfolding infectious diseases are spreading in overcrowded shelters as sewers spill1:34:34 over some 180 women are giving birth daily amidst this1:34:41 chaos people are facing the highest levels of food insecurity ever1:34:48 recorded famine is around the corner1:34:53 for children in particular the last 12 weeks have been traumatic no food no1:34:59 water no school nothing but the terrifying sounds of War day in and day1:35:05 out Gaza has simply become uninhabitable its people are witnessing1:35:11 daily threats to their very existence while the world watches1:35:17 on end quote the court has heard of the horrific death toll and of the more than1:35:25 7,000 Palestinian men women and children reported missing presumed dead or dying1:35:31 slow excruciating deaths trapped under the rubble reports of field executions and1:35:39 torture and ill treatment are mounting as are images of decomposing bodies of Palestinian men women and children left1:35:47 unburied where they were killed some being picked upon by animals1:35:53 it is becoming ever clearer that huge SES of Gaza entire towns Villages1:35:59 refugee camps are being wiped from the map as you have heard but it Bears1:36:05 repeating according to the world food program four out of five people in the1:36:11 world in famine or a catastrophic type of hunger are in Gaza right1:36:18 now indeed experts warn that deaths from Star ation and disease risk1:36:23 significantly outstripping deaths from bombings the daily statistics stand as1:36:31 clear evidence of the urgency and of the irreparable Prejudice on the basis of the current1:36:39 figures on average 247 Palestinians are being killed and1:36:46 are at risk of being killed each day many of them literally blown to1:36:52 pieces they include 48 mothers each day1:36:58 two every hour and over 117 children each day1:37:04 leading UNICEF to call Israel's actions a war on children on current rates which so show1:37:12 no sign of abating each day over three Medics two teachers more than one United1:37:19 Nations employee and more than one journalist will be killed many while at1:37:24 work or in what appear to be targeted attacks on their family homes or where they are1:37:30 Sheltering the risk of famine will increase each day each day an average of1:37:37 629 people will be wounded some multiple times over as they move from place to1:37:43 place Desperately Seeking Sanctuary each day over 10 pal1:37:51 Palestinian children will have one or both legs amputated many without1:37:59 anesthetic each day on current rates an average of 3,900 Palestinian homes will1:38:06 be damaged or destroyed more mass graves will be dug more cemeteries will be bulldozed and1:38:13 bombed and corpses violently exhumed denying even the dead any dignity or1:38:19 peace each day ambulances hospitals and Medics will continue to be attacked and1:38:26 killed the First Responders who have spent three months without International1:38:31 assistance trying to dig families out of the rubble with their bare hands will1:38:37 continue to be targeted on current figures one will be killed almost every second day sometimes1:38:44 an attacks launched against those attending the scene to rescue the1:38:49 wounded each day yet more desperate people will be forced to relocate from where they are Sheltering or will be1:38:56 bombed in places where they have been told to evacuate to entire multigenerational families1:39:04 will be obliterated and yet more Palestinian children will become1:39:11 WC NSF wounded child no surviving family1:39:18 the terrible new acronym born out of Israel's genocidal assault on the Palestinian population in1:39:25 Gaza there is an urgent need for provisional measures to prevent imminent1:39:31 irreparable Prejudice to the rights in issue in this case there could not be a clearer or more compelling case in the1:39:39 words of the commissioner General of the United Nations relief and works agency there must be an end to the decimation1:39:46 of Gaza and of its people1:39:51 turning to the Court's case law as the court has recently reaffirmed and I quote the condition of urgency is met1:40:00 when acts susceptible of causing irreparable Prejudice can occur at any moment before the court makes a final1:40:06 decision on the case end quote that is precisely the situation1:40:12 here any of those matters to which I have referred can and are occurring at1:40:18 any moment United Nations Security Council resolutions demanding quote the1:40:24 immediate safe unhindered delivery of humanitarian assistance at scale1:40:29 throughout Gaza and full Rapid Safe and unhindered humanitarian access end quote1:40:36 remain unimplemented United Nations General Assembly resolutions calling for a1:40:42 humanitarian ceasefire have been ignored the situation could not be more1:40:49 urgent since since these proceedings were initiated on the 29th of December1:40:54 2023 alone and estimated over 1,73 Palestinians have been killed in1:41:02 Gaza and over 3,2521:41:09 injured as to the Criterion of irreparable prejudice for decades now1:41:15 the court has repeatedly found it to be satisfied in situations where serious risks arise to human life or to other1:41:22 fundamental rights in the cases of Georgia Russia1:41:29 and Armenia aeran the court ordered provisional measures having found a serious risk of irreparable prejudice1:41:35 where hundreds of thousands of people had been forced from their homes in ordering provisional measures1:41:42 in the latter case the court noted the context of I quote the long-standing1:41:47 exposure of the population to a situation of vulnerability including hindrances to the importation1:41:53 of essential Goods causing shortages of food medicine and other life saving1:41:59 medical supplies end quote in Gaza as you have heard nearly1:42:05 two million people over 85% of the population have been repeatedly forced1:42:12 to flee their homes and shelters not just once or twice but some three four1:42:18 or more times over into drinking slivers of land for they continue to be bombed1:42:24 and killed this is a population that Israel1:42:29 had already made vulnerable through 13 through 16 years of military blockade1:42:34 and crippling de development today Israel's hindrances to1:42:40 the import of food and essential items have brought Gaza to the brink of1:42:46 famine with adults mothers fathers grandparents par regularly foregoing1:42:52 food for the day so that children can eat at least1:42:58 something medicine shortages and the lack of medical treatment clean water and electricity are so great that large1:43:05 numbers of Palestinians are dying or are at imminent risk of dying preventable1:43:11 deaths cancer and other services have long shut down women are undergoing cesarian1:43:18 sections without anesthetic in barely functioning hospitals1:43:24 described as scenes from a horror movie with many undergoing otherwise unnecessary hysterectomies in in an1:43:31 attempt to save their lives in the Canada Seria torture case1:43:38 the court made clear that I quote individuals subject to torture and other1:43:44 acts of cruel inhuman or degrading treatment or punishment are at serious risk of irreparable prejudice1:43:51 udice while Palestinians in Gaza are also at risk of such irreparable Prejudice with videos of Palestinian1:43:59 boys and men rounded up and stripped and degraded broadcast to the world1:44:05 alongside footage of serious bodily harm and accounts of serious mental harm and1:44:11 humiliation in Qatar United Arab Emirates the court considered provisional measures to be justified1:44:17 having regard to the risk of irreparable prejudice deriving from factors such as people being forced to leave their1:44:24 places of residence without the possibility of return the psychological distress of temporary or potentially1:44:31 ongoing separation from their families and the harm associated with students1:44:36 being prevented from taking their exams if provisional measures were1:44:42 Justified there how could they not be in Gaza where countless families have been1:44:49 separated with some family members evacuating under Israeli military orders and others staying behind at extreme1:44:56 risk to care for the wounded infirm and the elderly where husbands Fathers and Sons1:45:02 are being Lo rounded up and separated from their families taken to unknown1:45:08 locations for indeterminate periods of time in the katar case the court issued1:45:14 a provisional order where harm to approximately 150 students was in issue1:45:21 in Gaza 625,000 school children have not1:45:27 attended school for three months with the United Nations security Council I1:45:33 expressing deep concern I quote that the disruption of access to education has a1:45:38 dramatic impact on children and that conflict has lifelong effects on their1:45:43 physical and mental health almost 990,000 Palestinian1:45:49 University students cannot attend at University in Gaza over 60% of schools almost all1:45:57 universities and countless bookshops and libraries have been damaged or destroyed1:46:02 and hundreds of teachers and academics have been killed including deans of1:46:08 universities and leading Palestinian Scholars obliterating the very prospects1:46:13 for the future education of gaza's children and young1:46:19 people notably the court has found provisional measures to be justified in all three1:46:26 cases where they were previously sought in relation to violations of the genocide1:46:31 convention it did so in Bosnia and Serbia in 1993 finding on the basis of evidence1:46:38 that was certainly no more compelling than that pres presently before the court that it was sufficient to1:46:43 determine that there was and I quote a grave risk of Acts of genocide being1:46:49 committed the court found provisional measures to be justified in The Gambia Myanmar case1:46:55 on the basis of a risk of irreparable prejudice to the ringia subject to quote1:47:00 mass killings as well as beatings the destruction of villages and homes denial1:47:05 of access to food shelter and other Essentials of life more recently in indicating1:47:13 provisional measures in Ukraine Russia the court considered that Russia's military activities had quote resulted1:47:21 in numerous civilian deaths and injuries and caused significant material damage1:47:26 including the destruction of buildings and infrastructure end quote giving rise1:47:31 to a risk of irreparable prejudice the court had regard to the fact that quote attacks are ongoing and1:47:39 are creating increasingly difficult living conditions for the civilian population and quote which it considered1:47:46 to be extremely vulnerable the court also con considered1:47:51 the fact that I quote again many persons have no access to the most basic food1:47:56 stuffs potable water electricity essential medicines or Heating and that1:48:02 many were attempting to flee under extremely insecure1:48:08 conditions this is occurring in Gaza on a much more intensive scale to a1:48:15 besieged trapped terrified population that has no where safe to1:48:24 go lest the country be suggested it is clear from Ukraine Russia that the fact1:48:29 that the Urgent risk of irreparable harm arises in in a situation of armed conflict does not undermine much less1:48:37 preclude a request for provisional measures that's also clear from the Court's other judgments so in the case1:48:44 of armed activities on the territory of the Congo for example the court ordered provisional measures based based on its1:48:50 finding that quote persons assets and resources present on the territory of1:48:57 the Congo particularly in the area of conflict remain extremely vulnerable and1:49:03 that there was a serious risk that rights at issue in the case may suffer irreparable Prejudice end1:49:10 quote similarly in Costa Rica Nicaragua the court indicated Pro provisional1:49:16 measures in part on the basis that the presence of troops in the disputed territory gave rise I quote to a real1:49:23 and present risk of incident liable to cause IR remediable harm in the form of1:49:29 bodily injury or death end quote in relation to the genocide1:49:36 convention in particular the court recalled in Gambia Myanmar that quote1:49:43 States parties expressly confirmed their willingness to consider genocide as a1:49:48 crime under International law which they must prevent and punish independently of1:49:54 the context of peace or of war in which it takes place end1:50:01 quote more recently in the case of Guyana Venezuela the court considered1:50:07 that the serious risk of Venezuela quote acquiring and exercising control and1:50:12 administration of the territory in dispute end quote gave rise to a risk of1:50:17 irreparable prejudice to the rights of Sou in the case similar factors are an issue here1:50:24 having regard to the territorial Ambitions and settlement1:50:32 plans and the relationship of those factories to the very survival of1:50:37 Palestinians in Gaza as such similarly any scaling up by Israel1:50:46 of access of humanitarian Leaf to Gaza in response to these proceedings or1:50:51 otherwise would be no answer to South Africa's request for provisional1:50:57 measures in the case of Iran United States the court found a risk of1:51:02 irreparable harm from the exposure of individuals to danger to health and life1:51:08 caused by restrictions placed on medicines and medical devices food stuffs and other Goods required for1:51:16 humanitarian needs that was not withstanding the insurances offered by the United States1:51:22 for it to expedite the consideration of humanitarian issues and not withstanding1:51:28 the fact that Essentials were in any event exempt from the United n the United States1:51:34 sanctions the court considered that the assurances were I quote not adequate to1:51:40 address fully the humanitarian and safety C concerns raised and that there1:51:46 remained a risk that measures adopted by the United States May entail irreparable1:51:55 consequences in Armenia aeran unilateral undertakings to alleviate restriction1:52:01 restrictions alongside the full resumption of humanitarian and Commercial deliveries did not defeat1:52:08 requests for the indication of provisional measures the court was clear that while1:52:13 contributing quote towards mitigating the imminent risk of irreparable prejudice resulting from the milit1:52:20 operation those developments did not remove the risk1:52:25 entirely indeed in Georgia Russia the court made clear that it considers a1:52:30 serious risk to subsist where quote the situation is unstable and could rapidly1:52:38 change the court considered quote given the ongoing tension and the absence of1:52:45 an overall settlement to the conflict in this region populations all also remain1:52:51 vulnerable end quote Israel continues to deny that it1:52:57 is responsible for the humanitarian crisis it has created even as Gaza1:53:05 starves the aid it has belatedly begun to allow in is wholly inadequate and1:53:11 does not come anywhere close to the average 500 trucks being permitted daily1:53:17 before October the uh before October 2023 even under the1:53:23 blockade any unilateral undertakings Israel might seek to give about future1:53:28 Aid would not remove the risk of irreparable prejudice not least considering Israel's past and current1:53:35 conduct towards the Palestinian people including the 16 years of brutal Siege1:53:41 on Gaza in any event as the United Nations1:53:47 Secretary General has made absolutely clear it is a mistake to measure a quote the1:53:53 effectiveness of the humanitarian operation in Gaza based on the number of trucks allowed in as he stressed I quote1:54:03 the real problem is that the way Israel is conducting this offensive means that1:54:09 the conditions for the effective delivery of humanitarian Aid no longer1:54:15 exist that would require security St who can work in safety logistical capacity1:54:24 and the resumption of commercial activity it requires electricity and1:54:29 steady Communications all of these remain absent end1:54:35 quote indeed only shortly after Israel opened the Kem Shalom Crossing to Goods1:54:41 in late December 2023 it was struck in a drone attack killing five Palestinians and leading to1:54:48 another temporary closure nowhere and nobody is1:54:54 safe as the United Nations secretary Secretary General and all its Chiefs have made clear without a halt to1:55:02 Israel's military operations Crossings Aid convoys and humanitarian workers1:55:09 like everyone and everything else in Gaza remain at imminent risk of further1:55:16 irreparable Prejudice and unpr precedented 1481:55:21 United Nations staff have been killed to date without a Hal to Israel's military1:55:28 activity in Gaza there will be no end to the extreme situation facing Palestinian1:55:37 civilians Madame President members of the court if the indication of provisional measures was Justified on1:55:44 the facts in those cases I have cited how could it not be here in a situation1:55:50 of much greater severity where the imminent risk of irreparable harm is so1:55:55 much greater how could they not be justified in a situation that humanitarian1:56:03 veterans from crises spent spanning as far back as The Killing Fields of1:56:08 Cambodia people who in the words of the United Nations Secretary General have seen1:56:14 everything if they say it is so utterly unprecedented that they are out of words1:56:21 to describe1:56:26 it it would be a complete departure from the long and established line of jurist prudence that this court has firmly1:56:33 established and recently reconfirmed for the court not to order provisional measures in this case the imminent risk1:56:40 of death harm and destruction that Palestinians in Gaza face today and that1:56:45 they risk every day during the pendency of these proceedings on any view1:56:50 justifies indeed compels the indication of provisional1:56:56 measures some might say that the very reputation of international law its1:57:03 ability and willingness to bind and to protect All Peoples equally hangs in the1:57:12 balance but the genocide convention is about much more than legal precedent it1:57:18 is also fundamental about the confirmation and endorsement of Elementary principles of1:57:25 morality the court recalled the 1946 General Assembly resolution on the crime1:57:31 of genocide which made clear that I quote genocide is a denial of the right1:57:36 of existence of entire human groups as homicide is the denial of the right to1:57:41 live of individual human beings such denial of the right of existence shocks the conscience of1:57:48 mankind results in great losses to humanity in the form of cultural and1:57:54 other contributions represented by these human groups and is contrary to moral1:57:59 law and to the spirit and aims of the United Nations end1:58:05 quote not withstanding the genocide convention's recognition of the need to rid the world of the odious scourge of1:58:12 genocide the International Community has repeatedly failed it failed to the people of Rwanda1:58:19 it had failed the Bosnian people and the rohinga prompting this court to take1:58:25 action it failed again by ignoring the early warnings of the Grave risk of genocide to the Palestinian people1:58:32 sounded by International experts since 19th of October of last1:58:37 year the International Community continues to fail the Palestinian people1:58:43 despite the overt dehumanizing genocidal rhetoric by Israeli government and1:58:49 military officials matched by the Israeli Army's actions on the1:58:55 ground despite the horror of the genocide against the Palestinian people1:59:01 being live streamed from Gaza to our mobile phones computers and television1:59:07 screens the first genocide in history where its victims are broadcasting their1:59:14 own destruction in real time in the desperate so far vain hope that the1:59:19 world might do something Gaza represents nothing short1:59:25 of a moral failure as described by the univers usually circumspect1:59:31 International Committee of the Red Cross as underscored by United Nations1:59:36 Chiefs that failure has I quote repercussions not just for the people of1:59:43 Gaza but for the generations to come who will never forget these over 90 days of1:59:49 of hell and assaults on the most basic precepts of1:59:55 humanity as stated by United Nations spokesperson in Gaza last week at the2:00:00 site of a hospital clearly marked with a symbol of the red present where five2:00:05 Palestinians including a five-day old baby had just been2:00:11 killed the world should be absolutely horrified the world should be absolutely2:00:18 outraged there is no safe space in Gaza and the world should be2:00:27 ashamed Madame President members of the court in conclusion I share with you two2:00:34 photographs the first is of a white board at a hospital in Northern Gaza one2:00:41 of the many Palestinian hospitals targeted besieged and bombed by Israel2:00:46 over the course of the past three brutal months the white board is wiped clean of no2:00:52 longer possible surgical cases leaving only a handwritten message by a Medan2:00:57 Frontier doctor which reads we did what we could remember2:01:04 us the second photograph is of the same whiteboard after an Israeli strike on2:01:10 the hospital on the 21st of November that killed the author of the message Dr2:01:15 Mahmud abua along with two of his2:01:21 colleagues just over a month later in a powerful sermon delivered from a church2:01:26 in Bethlehem on Christmas Day the same day Israel had killed 250 Palestinians2:01:34 including at least 86 people many from the same family massacred in a single2:01:40 strike on magazi refugee camp Palestinian Pastor mther ishak2:01:47 addressed his congregation and the world and he said and I2:01:52 quote Gaza as we know it no longer exists this is an2:01:58 Annihilation this is a genocide we will rise we will stand up2:02:04 again from the midst of Destruction as we have always done as Palestinians though this is by far maybe the biggest2:02:11 blow we have received but he said no apologies will be accepted after the2:02:17 genocide what has been done has been done I want you to look in the mirror2:02:23 and ask where was I when Gaza was going through a2:02:31 genocide South Africa is here before this court in the peace2:02:37 Palace it has done what it could it is doing what it can by initiating these2:02:44 proceedings by seeking interim measures against itself as well as against2:02:51 Israel South Africa now respectfully and humbly calls on this honorable Court to2:02:58 do what is in its power to do to indicate the provisional measures that2:03:03 are so urgently required to prevent further irreparable harm to the2:03:09 Palestinian people in Gaza whose hopes including for their very survival are2:03:15 now vested in this court Madame Madam president members of the2:03:24 court I should like to thank you for your kind2:03:29 attention I ask that you call Professor low casy to the podium now to describe2:03:36 the provisional measures sought by South Africa on behalf of the Palestinian2:03:43 people I thank Miss NE and I now invite Professor Von L to address the court you2:03:49 have the floor2:04:08 Professor Madame President members of the court it's a privilege to appear before you and an honor to do so on2:04:16 behalf of the Republic of South Africa this case is brought under article nine2:04:22 of the genocide convention which entitles any Contracting party to the convention to submit to the court2:04:29 disputes relating to the interpretation application or fulfillment of the2:04:36 convention the court does not at this stage have to determine whether or not Israel has or has not acted contrary to2:04:43 its obligations under the genocide convention that can only be done at the merits stage it's concerned now only2:04:51 with the question of what provisional measures are required pending the2:04:56 Court's final decision on the merits the Court's jurist Prudence2:05:02 points to five requirements for The Ordering of provisional2:05:07 measures the first is that there should be primeras jurisdiction and that was addressed by2:05:14 Professor Dugard the second is that the should be a link between the measures2:05:21 requested and the rights underlying the main claim this requirement is plainly2:05:28 satisfied the measures request an order that Israel does not violate the very2:05:34 rights secured by the genocide Convention as set out in South Africa's2:05:42 application the third is the plausibility of the rights that are claimed professor py explained that this2:05:50 is clearly satisfied the rights claimed are the very core of the2:05:58 convention notably the right not to be killed or seriously harmed and the right2:06:04 of the group not to be physically destroyed fourth and fifth there must be2:06:12 a risk of irreparable prejudice capable of arising prior to the final2:06:18 termination of the dispute and there must be2:06:23 urgency M nrai address those points Israel has for over three months2:06:31 been mounting a continuous Siege and bombardment of Gaza of a ferocity and2:06:40 duration that can only be seen as an attempt to destroy Gaza and its2:06:46 citizens and it is publicly asserting that it will continue to do2:06:52 so you are aware of the scale of the death and the scale of the2:06:59 destruction and it is continuing at this very2:07:06 minute the court has said that quote a state's obligation to prevent2:07:13 genocide and the corresponding duty to act a rise at the instant that the state2:07:21 learns of or should normally have learned of the existence of a serious2:07:28 risk that genocide will be committed from that moment onwards if a2:07:35 state has available to it means likely to have a deterrent effect on those2:07:41 suspected of preparing genocide or reasonably suspected of harboring2:07:47 specific attack intent it is under a duty to make such use of those means as2:07:55 the circumstances permit end quote and that is what South Africa has2:08:02 done by making this2:08:07 application in cases such as LR aena jadav this court has exercised its power2:08:14 to order provisional measures having regard to the impact not only of provisional measures on the state's2:08:21 parties to a case but also to the impact on the individuals directly affected and their2:08:30 rights it has issued orders to restrain States from killing individuals in a2:08:37 manner alleged to violate international law and that is what South Africa is2:08:45 requesting after more than 23,000 IND individuals have already been killed in2:08:51 The Siege and bombardment of Gaza the overwhelming majority of them innocent2:08:58 men women and children the court also issues orders to2:09:05 safeguard the Integrity of its proceedings and the efficacy of its final2:09:12 ruling in the Bosnia genocide case for example you ordered that the parties2:09:17 quote not take any action and ensure that no action is taken which may2:09:25 aggravate or extend the existing dispute over the prevention or punishment of the2:09:31 crime of genocide or render it more difficult of solution end2:09:38 quote without such non- aggravation orders there is a real risk that a2:09:45 respondent will rush to complete its unlawful conduct before the Court's2:09:51 final ruling thus rendering the ruling and the2:09:56 court and irrelevance well South Africa has kept2:10:03 its application in this case within the scope of the convention first some will ask why South2:10:11 Africa does not seek any court order against Hamas this case can concerns Israel's2:10:19 actions in Gaza which is territory that 3 weeks ago in resolution2:10:26 2720 the UN Security Council stressed is quote an integral part of the territory2:10:33 occupied in 1967 end quote by2:10:38 Israel as the court will understand Hamas is not a state and cannot be a2:10:44 party to the genocide convention and cannot be a party to these2:10:51 proceedings there are other bodies and processes that can address the questions2:10:57 of steps to be taken in respect of past atrocities and against other actors and2:11:04 they are no doubt considering what they should do but as a matter of law under the2:11:12 convention South Africa cannot request an order from this court against2:11:21 secondly South Africa understands that not all violence constitutes2:11:31 genocide acts of ethnic cleansing Collective punishment the targeting of2:11:39 civilians attacks on hospitals and other war crimes are all2:11:45 unlawful but they do not always violate the genocide convention genocide requires an intent2:11:53 to destroy in whole or in part a national ethnical racial or religious2:12:01 group but the fact that what Israel is doing in Gaza may also constitute war2:12:08 crimes or crimes against humanity is no defense and no bar to a charge of2:12:17 genocide South Africa has set out its request for2:12:22 relief in paragraph 111 of its application and its request2:12:28 for provisional measures in paragraph 144 the reasoning behind the requests is2:12:37 pragmatic the first two paragraphs of the provisional measures request call2:12:42 for the suspension of Israel's military operations in and against2:12:49 Gaza Israel's continuing occupation operation in Gaza since the 7th of2:12:55 October attack is the focus of this case Minister Lola has recalled the fact2:13:02 that South Africa has condemned the 7th of October2:13:08 attack Israel says that Palestine and Palestinians are not its Target and that2:13:14 its aim is to destroy hammmer but months of continuous bombing2:13:21 flattening entire residential blocks and cutting off food and water and2:13:28 electricity and Communications to an entire population cannot credibly be argued to2:13:36 be a Manhunt for members of hammer it is an indiscriminate attack2:13:43 killing miming and terrorizing the en entire population of Gaza with no regard2:13:52 to questions of Innocence or guilt obliterating the homes and cities2:13:58 in which they live and destroying any practical2:14:03 possibility of their return to make their homes amidst the2:14:09 rubble Israel's actions both attack Palestinians in Gaza2:14:15 directly and also prevents humanitarian relief reaching2:14:20 them Palestinians face death from continuing bombardments and shootings2:14:26 and death from starvation and disease which is even more2:14:32 indiscriminate but usually slower in recent days the United States2:14:40 has said again that far too many civilians are being killed and the UN Secretary General2:14:48 and the UN under secretary for humanitarian Affairs and the commissioner general of2:14:54 the UN relief and works agency have asserted that it is2:15:01 imperative to Halt military operations in order to enable the effective2:15:08 delivery of humanitarian relief and that is why South Africa has2:15:15 requested an order for the immed imediate suspension of Israel's military2:15:20 operations in and against Gaza it is the only way to secure the2:15:27 humanitarian response and avoid yet more unnecessary2:15:32 death and destruction there is a point to2:15:39 emphasize it's no use Israel saying that it does whatever it can to minimize the2:15:46 deaths of innocent men women and children the use of 2,000 bunker busting2:15:54 bombs and dumb bombs in residential areas and the Relentless bombardment of2:15:59 Gaza and even of so-called safe areas to which Palestinians have been directed by2:16:06 Israel tell another story but that is not the only point2:16:12 it's not just a question of scale and of indiscriminate killing it's Al a2:16:18 question of intention if any military operation no2:16:25 matter how carefully it's carried out is carried out pursuant to an2:16:31 intention to destroy a people in whole or in part it violates the Gen the2:16:39 genocide convention and it must stop and that is why all military2:16:47 operations capable of violating the genocide convention must2:16:54 cease the third request is for an order that both Israel and South Africa in2:17:00 accordance with their obligations under the genocide convention in relation to the Palestinian people take all2:17:08 reasonable measures to prevent genocide the fourth and fifth measures2:17:15 then spell out these General Obligations ation in terms of the specific instances2:17:21 of offenses listed in articles one uh 2 and three of the2:17:29 convention the sixth requested measure addresses the fact that aside from its2:17:35 own acts the government of Israel is legally bound to prevent and punish2:17:43 others who engage in or incite or active ly support conduct that violates the2:17:50 genocide convention until the reported intervention of the Attorney General 362:17:58 hours ago Israeli authorities appear to have done practically nothing to stop2:18:05 the flow of genocidal rhetoric including statements emanating from the ranks of2:18:11 public officials indeed the Toleration even normalization of such2:18:19 incitement has become a matter of concern within Israel itself and that is why this measure is2:18:29 sought this case is important lives are at stake Israel's credibility and2:18:36 reputation are at stake yet evidence that could determine2:18:42 whether or not particular acts violate the genocide convention is being lost2:18:48 or destroyed while fact finders and foreign journalists are unable to report freely2:18:55 from Gaza hence the seventh request which is for an order directing the preservation2:19:03 of evidence and finally South Africa asks2:19:08 that the court require specific reports from Israel on2:19:13 what it is doing to implement the order General assurances are not enough2:19:21 reports published via the court are an essential element of2:19:30 accountability I should address the question of self-defense in its advisory opinion in2:19:35 the wall case the court noted that the threat that Israel had argued Justified2:19:42 the construction of the wall was not imputable to a foreign state but minated2:19:47 from territory the occupied Palestinian territory over which Israel itself2:19:54 exercises control for those reasons the court decided as a matter of international law2:20:03 the right of self-defense under article 51 of the charter the UN Charter had no2:20:10 relevance in such circumstances 20 days ago the security2:20:16 Council air ired yet again that Gaza is occupied2:20:21 territory though Israel refers to a complete withdrawal from Gaza it has2:20:27 retained control over Gaza over access by land and sea and air and over key2:20:36 governmental functions and supplies of water and electricity the tightness of its grip2:20:42 may have varied but no one can doubt the continuous reality of Israel's grip on2:20:50 Gaza the Court's legal holding from 2004 holds good and a similar point is to be2:20:57 made here what Israel is doing in Gaza2:21:02 it is doing in territory under its own control its actions are enforcing its2:21:12 occupation the law on self-defense under article 51 of the UN Charter has no2:21:22 application but that is not the main point the main point is much2:21:30 simpler it is that no matter how monstrous or2:21:36 appalling an attack or provocation genocide is never a2:21:44 permitted response every use of force whether used in2:21:52 self-defense or in enforcing an occupation or in policing operations or2:21:58 otherwise must stay within the limits set by international law including the2:22:06 explicit Duty in article one of the convention to prevent2:22:14 genocide South Africa believes that the publicly available evidence of the scale2:22:19 of the destruction resulting from the bombardment of Gaza and the deliberate restriction of2:22:27 food water medicines and electricity available to the population of2:22:34 Gaza demonstrates that the government of Israel not Jewish people or Israeli2:22:41 citizens the government of Israel and its military2:22:47 is intent on destroying the Palestinians in Gaza as a group and is doing nothing2:22:54 to prevent or punish the actions of others who support that2:22:59 aim and I repeat the point is not simply that Israel is acting2:23:05 disproportionately the point is that the prohibition on genocide is an absolute a2:23:12 peremptory rule of law nothing can ever justify2:23:19 genocide no matter what some individuals within the group of Palestinians in Gaza2:23:24 may have done and no matter how great the threat to Israeli citizens might be2:23:30 genocidal attacks on the whole of Gaza and the whole of its population with the2:23:37 intent of destroying them cannot be2:23:43 justified and no exception can be made in a provisional measures order to allow2:23:48 a state to engage in actions that are capable of violating its obligations2:23:55 under the genocide convention it is Unthinkable that a court would ever do2:24:01 such a thing that is the simple point in this case genocide can never be justified in2:24:09 any circumstances Israel's actions will be2:24:16 examined closely and methodically at the Merit stage when the court will want to hear what Israel has to say in its2:24:22 defense what matters now is that the evidence indicates that Israel's actions2:24:29 have violated its obligations under the genocide convention that they continue2:24:34 to violate them and that Israel has asserted that it intends to continue2:24:42 them Israel may say that it will comply with all of its obligations under the2:24:48 genocide convention and that orders from the court are not necessary but in previous cases the2:24:55 court has held that such unilateral statements do not remove the risk of2:25:00 irreparable prejudice or obviate the need for a court2:25:07 order in this case one reason for doubting the efficacy of any such2:25:12 unilateral undertaking is Israel's apparent inability to see that it has2:25:18 done anything wrong in grinding Gaza and its people into the2:25:23 dust Another reason is that a departure from or reinterpretation of any2:25:30 unilateral undertaking by Israel may lead to consequences so appalling that2:25:36 the risk simply cannot be taken but there is a third2:25:43 reason as was noted during the submissions to this court in the case concering the reservations to the2:25:50 genocide convention in 1951 quote the obligation to submit2:25:57 disputes concerning the interpretation or execution of the convention to the2:26:02 international court of justice was regarded as one of the Prime guarantees2:26:08 of the due fulfillment of the basic obligation to prevent and punish the2:26:14 crime of genocide end quote the role of the Court which unusually2:26:21 extends not only to the interpretation and application of the convention but2:26:30 also to its fulfillment is pivotal in addition to their substantive2:26:36 obligations under the convention it is vitally important that states respect the court2:26:44 and their procedural obligations this is not a moment for the court to2:26:50 sit back and be silent it's necessary that it assert its2:26:57 Authority and itself order compliance with the obligations under the genocide2:27:04 convention indeed it's hard to think of a case in recent history which has been2:27:11 so important for the future of international law and of this court2:27:19 Madame President members of the court that concludes my submission I thank you2:27:25 for your attention and unless I can help you further I'd ask that you call on2:27:30 South Africa's agent to read out the request for Relief I thank Professor low and I now2:27:38 invite the agent of South Africa his Excellency Mr vusumuzi madella to2:27:43 address the court you have the floor Excellency2:27:54 Madame President it remains my honor to read to your excellencies the provisional2:28:01 measures that South Africa requests from the2:28:15 court you have heard the reasons set out which2:28:22 justify the measures being sought to sum up the indication of2:28:27 provisional measures is we recognize without prejudice to the merits of the2:28:33 underlying claim yet the evidence at this stage indicates grave violence and genocidal2:28:40 acts against the Palestinians in Gaza and flagrant contravention of the2:28:47 genocide convention and in breach of their rights South Africa has come to this2:28:53 court to prevent genocide and to do so in the discharge2:28:59 of the international obligation that rests on South Africa and all other states under the2:29:06 convention the consequences of not indicating clear and2:29:11 particularized specific provisional measures and not taking steps to2:29:16 intervene while Israel disregards its International obligations before our2:29:22 eyes would we fear be very grave indeed2:29:28 for the Palestinians in Gaza Who Remain at real risk of further genocidal acts2:29:35 for the Integrity of the convention for the rights of South2:29:42 Africa and for the reputation of this court which is2:29:47 equipped with and must exercise its powers to afford an effective2:29:53 realization of the rights under the convention that means we respectfully2:30:02 submit indicating the provisional measures being sought by South Africa as2:30:08 well as any others in addition which the court might deem2:30:14 appropriate Justice and equal respect for the rights of Palestinians points overwhelmingly in2:30:21 favor of these critically required provisional measures Madam president I now proceed2:30:29 to read the measures requested by South Africa on the basis of the facts set2:30:36 forth above South Africa as a state party to the convention on the prevention and2:30:42 Punishment of the crime of genocide respectfully request the court2:30:47 as a matter of extreme agency pending the C determination of this case on the merits to indicate the2:30:56 following provisional measures in relation to the Palestinian people as a2:31:01 group protected by the genocide convention these measures are directly2:31:07 linked to the rights that form the subject matter of South Africa's disputes with2:31:14 Israel one the state of Israel sh shall immediately2:31:19 suspend its military operations in and against Gaza2:31:25 two the state of Israel shall ensure that any military or irregular armed2:31:31 units which may be directed supported or influenced by it as well as any2:31:38 organizations and persons which may be subject to its control direction or2:31:44 influence take no steps in furtherance of the military operations referred to2:31:50 in point1 above three the Republic of South Africa and2:31:58 the state of Israel shall each in accordance with their obligations under2:32:03 the convention on the prevention and Punishment of the crime of genocide in relation to the Palestinian2:32:11 people take all reasonable measures within their power to prevent genocide2:32:19 four the state of Israel shall in accordance with its obligations under2:32:24 the convention on the prevention and Punishment of the crime of genocide in relation to the Palestinian2:32:30 people as a group protected by the convention on the prevention and Punishment of the crime of genocide2:32:38 desists from the commission of any and all acts within the scope of article2:32:44 two of the convention in particular a killing members of the2:32:51 group b causing serious bodily or mental harm to the members of the group C2:32:59 deliberately inflicting on the group conditions of Life calculated to bring2:33:04 about its physical destruction in whole or in part and D imposing measures2:33:12 intended to prevent births within the group2:33:20 five the state of Israel shall pent 2.4 paragraph C above in relation2:33:29 to Palestinians desist from and take all measures within its power2:33:36 including the resending of relevant orders of restrictions and or2:33:41 prohibitions to prevent a the EXP ion and force displacement from their2:33:49 homes B the deprivation of access to adequate food and2:33:57 water access to humanitarian assistance including access to adequate fuel2:34:04 shelter clothes hygiene and sanitation the medical supplies and2:34:11 assistance and C the destruction of Palestinian life in2:34:18 Gaza number six the state of Israel shall in2:34:24 relation to Palestinians ensure that its military as well as any irregular armed units or2:34:31 individuals which may be directed supported or otherwise influenced by it2:34:37 and any organizations and persons which may be subject to in control direction2:34:42 or influence do not commit any act described in four and five above or engage in2:34:51 direct and public incitement to commit genocide conspiracy to commit2:34:57 genocide attempt to commit genocide or complicity in2:35:02 genocide and in so far as they do engage therein that steps are taken towards2:35:09 their punishment persuant to articles 1 2 3 and four of the convention on the2:35:16 prevention and Punishment of the crime of genocide number seven the state of2:35:23 Israel shall take effective measures to prevent the destruction and ensure the2:35:29 preservation of evidence related to allegations of Acts within this scope of2:35:35 article two of the convention on the prevention and Punishment of the crime2:35:40 of genocide to that end the states of Israel shall not act to deny or2:35:46 otherwise restrict access by fact finding Missions International mandates2:35:52 and other bodies to Gaza to assist in ensuring the preservation and retention2:35:57 of said evidence number eight the state of2:36:03 Israel shall submit a report to the court on all measures taken to give2:36:09 effect to this order within one week as from the date of this order and therea2:36:16 at such regular intervals as the court shall order until a final decision on2:36:22 the case is rendered by the court and that such reports shall be punished by2:36:29 published by the court I Pi your Parton number nine the state of Israel shall refrain2:36:36 from any action and shall ensure that no action is taken which might aggravate or2:36:43 extend the dispute before the court or make it more difficult to2:36:49 resolve thank you Madame President and distinguished members of the court that2:36:55 concludes South Africa's address thank you I thank the agent of South Africa2:37:00 whose statement brings to an end the single round of oral argument of South Africa as well as this morning sitting2:37:07 the court will meet again tomorrow 12 January 2024 at 10: a.m. to hear the2:37:12 single round oral argument of Israel the sitting is2:37:44 there2:38:44 yeah

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