By Kouthar Sambo

The International Court of Justice (ICJ) is gearing up for its inaugural public hearing, which will take place at the Peace Palace in The Hague. 

So far, South Africa has nominated former deputy chief justice Dikgang Moseneke as its representative judge to the ICJ, which is ahead of the hearing against Israel. Senior counsel Adila Hassim, will lead a team of South African lawyers presenting a 15-minute oral argument for the Presidency.

This comes after the Department of International Relations and Cooperation (DIRCO) approached the International Court of Justice (ICJ) for Israel’s war crimes in Gaza, as the Israeli forces increased the aggression in the Gaza Strip, killing dozens of innocent civilians in Palestine.

DIRCO spokesperson Clayson Monyela revealed that the hearing for the matter is set to take place on January 11-12, following its filed case to the ICJ.

Speaking on VOC’s Holiday Shift show on Friday, legal expert Advocate Muhammad Abduroaf explained how this matter would unfold on an international level. 

“South Africa is saying that there is genocide taking place in Gaza, but they are not challenging the issue around the war itself, and they are not saying that the war must come to an end, but the genocide must come to an end,” clarified  Abduroaf. 

South Africa is a member of the United Nations (UN) and Israel, and both parties will sign, what they refer to in simple terms as the “Genocide Convention.”

“By South Africa making an application to the ICJ, are they asking the UN to hold Israel accountable so they may stop with the genocidal aspect of the war, but not the war itself,” explained Abduroaf. 

The ICJ will then listen to one aspect, said Abduroaf, and will evaluate in the interim to determine whether or not there is enough information before the court to determine a potential genocide. 

“A ruling will then take place and hopefully, the ruling will say stop with the genocide in the meantime, not necessarily the war. Perhaps Israel will be urged to modify their approach until there is a full-blown hearing, trial, or investigation at a later date. If the ICJ finds that there is genocide, sanctions will be imposed on Israel to stop the genocide,” reiterated Abduroaf.

Abduroaf further added that Israel may come forward, advocating for its right to defend itself but South Africa must prove that Israel is trying to wipe out the Palestinians by carpet bombing neighbourhoods and hospitals, therefore causing collateral damage. 

Photo: DIRCO/Facebook