Al-Qalam 
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South African law expert, Prof Motala, says given the “indifference of the major Western powers”, the ICJ must act swiftly to prevent further loss of innocent lives in Gaza. Ismail Suder reports.
As the number of corpses mounts in Gaza, a SA law expert, Professor Ziyad Motala, says the International Court of Justice (ICJ) must heed South Africa’s latest application that makes a “compelling case” of possible genocide happening, especially in Rafah – and they must act now before it’s too late.
In an Al-Qalam Op-ed, Professor Motala, who is attached to the Howard Law School in Washington, said “The urgency of this situation cannot be overstated”
Al-Qalam has read South Africa’s urgent application.
Parts of the document states: “Despite strong denunciation by the international community, including by some of Israel’s closest allies, the Israeli Prime Minister reiterated in an interview broadcast on Sunday 11 February 2024 that: “[v]ictory is within reach. We’re going to do it. We’re going to get the remaining Hamas terrorist battalions in Rafah, which is the last bastion, but we’re going to do it”. Thereafter, on Sunday evening, Rafah was subjected to an intense, unprecedented Israeli military assault, with an ongoing threat of yet further intensification of the assault — including by way of an Israeli ground invasion.”
“It further adds: “South Africa thus respectfully calls upon the Court to consider as a matter of the greatest urgency whether the developing circumstances in Rafah require that it exercise its power under Article 75(1) of the Rules of Court to prevent a further imminent breach of the rights of Palestinians in Gaza. South Africa also reserves its rights to take further action in respect of the situation.”
In his analysis, Professor Motala said: “The crux of South Africa’s application rests on the violation of the Genocide Convention, specifically focusing on Article III, which unequivocally prohibits acts leading to genocide. The ICJ’s initial order on January 26, 2024, underscored the urgency of preventing irreparable harm to the rights of Palestinians in Gaza, explicitly stating their right to be protected from acts of genocide.
“Shockingly, the subsequent developments in Rafah, as detailed in South Africa’s application, demonstrate a reckless disregard by Israel for the court’s initial orders, intensifying the call for the ICJ to take further swift and decisive action.”
He further added: “South Africa’s application before the ICJ unfolds a harrowing picture of the escalating crisis in Rafah. The Western nations principally Israel’s major backers such as the United States, Britain, and most countries in the European Union continue to support Israel.
“The legal authorities invoked, coupled with a meticulous account of Israeli atrocities, collectively make an overwhelming and compelling case for the ICJ to intervene promptly and decisively. Those in the international community with a moral conscience anxiously watch as the court holds the key to mitigating the impending humanitarian catastrophe in Gaza. The urgency of this situation cannot be overstated. Given the indifference of the major Western powers, the ICJ must act swiftly to prevent further loss of innocent lives and uphold the principles of international justice”, he said.
Durban-based Constitutional lawyer, Saber Jazbhay said the latest complaint to the ICJ about the industrial-scale killings by Zionist forces is meant to sound the alarm of the “demonic” intent taking place in Rafah.
“Effectively what is happening is a pre-warning to Israel and the world that if no restraints are ordered, then considering the demonic intent of Netanyahu of the 9 February 2024 would escalate towards a full-scale humanitarian disaster, and therefore since the UNSC is deaf and blind, a directive from the ICJ to Israel to cease or desist is requested. However, to get the bigger picture, Netanyahu is opening himself to criminal indictment via the ICC,” he added.
*See Professor Ziyad Motala’s op-ed
