SAN
DIEGO – On Monday, Dr. Marjorie Cohn, a law professor at the Thomas Jefferson
School of Law, called on the Arab nations to take action regarding Israel’s
besiegement on Gaza and the West Bank, Jo24 reported.
Dr.
Cohn explained that Israel has enjoyed an exemption for its crimes against Palestinians for almost
four months. But that changed on Dec. 29, 2023, when South Africa submitted an
84-page request to the International Court of Justice (ICJ) alleging that
Israel is committing genocide in Gaza.
She
stated that Israel is currently exerting intense pressure on the ICJ to prevent
it from concluding that it has
indeed committed genocide in the Gaza Strip. She noted that the Israeli Ministry of Foreign Affairs issued instructions to its embassies on Jan. 4 to
pressure politicians and diplomats in host countries to make statements that
contradict and conflict with what South Africa has submitted to the court.
Dr.
Cohn warned that it is expected for other parties, including Arab and Islamic
countries, to join in and support South Africa’s proposal, especially since the
procedures followed by the ICJ allow it.
Parties
to the Genocide Convention may either request permission to intervene in the
case brought by South Africa or file their own requests against Israel in the
ICJ. South Africa’s request identifies many countries that have referred to the
genocide committed by Israel in Gaza. These countries include Algeria, Bolivia,
Brazil, Colombia, Cuba, Iran, Palestine, Turkey, Venezuela, Bangladesh, Egypt,
Honduras, Iraq, Jordan, Libya, Malaysia, Namibia, Pakistan, and Syria.
On
Jan. 5, Quds Press News Agency tweeted that “Jordan’s Foreign Minister, Ayman
Safadi, announces that his country supports the genocide case brought by South Africa against Israel in the ICJ. He added that the Jordanian government is
preparing a legal file to follow up on the case. Turkey, Malaysia, and the
Organization of Islamic Cooperation have also announced their support for the
case.”
Moreover,
many organizations have also called for the global intervention and support of
South Africa’s lawsuit.
The
International Coalition to Stop Genocide in Palestine, which was recently
formed and endorsed by over 600 groups worldwide, met to urge parties to
initiate the Genocide Convention. The coalition confirms that “declarations of
intervention to support South Africa’s activation of the Genocide Convention
against Israel will increase the likelihood of a positive outcome of the
genocide crime being imposed by the UN so that all acts of genocide are ended
and those responsible for these acts are held accountable.”
During
the first week of January, NGOs CODEPINK, World Beyond War, and RootsAction,
launched a campaign throughout the US to urge countries to submit declarations
of intervention in South Africa’s case against Israel. Activists traveled to 12
cities to visit UN missions, embassies, and consulates from Colombia, Pakistan,
Bolivia, Bangladesh, the African Union, Ghana, Chile, Ethiopia, Turkey, Belize,
Brazil, Denmark, France, Honduras, Ireland, Spain, Greece, Mexico, Italy,
Haiti, Belgium, Kuwait, Malaysia, and Slovakia.
Lamis
Deek, a Palestinian lawyer based in New York and who partnered with the
Palestinian National Council, said, "This is the rare case where
collective social pressure that urges governments to support South Africa’s
case is a sharp turning point for Palestine… We need more countries to provide
supportive interventions - and we need the court to feel the vigilant eye of
the masses so that it can withstand what will be intense US political pressure
on the court.
Suzanne
Adely, Arab-American president of the National Lawyers Guild in New York,
pointed out that “the growing global isolation of Israel, the US, and their
European allies is an indication that this is a critical moment for popular
movements to move their governments towards taking these steps and to be on the
right side of history.”
In
the meantime, South Africa has requested the ICJ to order provisional measures
to protect Palestinians’ rights under the Genocide Convention from further
irreparable harm caused by Israel. South Africa is also seeking immediate
suspension of armed operations against Palestinians.
Public hearings on South Africa’s request for provisional measures are
scheduled to be held on Jan. 11 and 12 at the ICJ, located in The Hague,
Netherlands. The hearings will be broadcast live from 1:00 pm GMT on the
court’s and the UN’s website. The court may order provisional measures within a
week after the hearings.
South
Africa cited eight claims in its request to support its case that Israel is
committing genocide in Gaza. These include:
- Killing 21,110 Palestinians in
Gaza, including a large percentage of women and children, about 70
percent. (This number was the death toll when the lawsuit was filed at the
time, the toll rose to 29,835, including missing persons stuck under the
rubble with very little hope
of survival.)
- Causing serious mental and physical harm to Palestinians in Gaza,
including mutilation, psychological trauma, and inhumane treatment.
- Forcing the evacuation and displacement of about 85 percent of
Palestinians in Gaza, including children, elderly, disabled, sick, and
wounded. Israel also causes massive destruction of Palestinian homes,
villages, towns, refugee camps, and entire areas, preventing a large
proportion of Palestinians from returning to their homes.
- Causing hunger, famine, and drought to besieged Palestinians in
Gaza by hindering sufficient humanitarian aid, cutting off sufficient
food, water, fuel, and electricity, and destroying bakeries, mills,
agricultural lands, and other means of production and livelihood.
- Failing to provide or restrictively providing sufficient clothing,
shelter, hygiene, and sanitation to Palestinians in Gaza, including 1.9
million internally displaced persons, forcing them to live in dire
conditions, while routinely targeting and destroying shelters and killing
people who take refuge in them, including women, children, elderly, and
disabled.
- Failing to provide or guarantee the provision of adequate medical
care to Palestinians in Gaza, including medical needs resulting from other
genocidal acts that cause serious physical harm. This is done through direct attacks on
Palestinian hospitals, ambulances, and other healthcare facilities,
killing Palestinian doctors, paramedics, and nurses (including the most
qualified doctors in Gaza), and destroying or disabling the medical system
in Gaza.
- Destroying Palestinian life in Gaza
by destroying infrastructure, schools, universities, courts, public
buildings, public records, libraries, stores, churches, mosques, roads,
facilities, and other essential facilities for maintaining the lives of
Palestinians as a group. Israel kills entire families, erases entire oral
history, and kills prominent and distinguished individuals in the
community.
- Imposing measures aimed at
preventing Palestinian births in Gaza, including reproductive violence
against Palestinian women, newborns, infants, and children.
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