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NONTOBEKO AISHA MKHWANAZI
ON January 11 the grounds outside the Western Cape High Court became a powerful convergence of voices, echoing a resolute call for justice and solidarity during a peaceful demonstration.
In a diverse assembly, individuals stood united in unwavering support of South Africa’s International Court of Justice (ICJ) case which seeks to bring an end to the genocide in Palestine.
Under the shadow of the courthouse, a sea of placards and banners painted a vivid picture of solidarity. The crowd, a mosaic of faces reflecting the nation’s rich diversity, stood shoulder to shoulder, united by a shared conviction that transcended geographical boundaries. Chants of ‘Stop the genocide’, ‘Free Palestine’ echoed through the air, creating a compelling symphony of advocacy against the backdrop of the bustling city.
The event showcased a nation bold and courageous in its commitment to eradicate injustice. Organised by the Palestine Solidarity Campaign (PSC) and other civil society groups, including Lawyers4Palestine, the event coincided with the first day of the two-day (January 11-12, 2024) oral argument hearing of the South African case against Israel being heard by the ICJ (also known as The World Court) in The Hague.
The ICJ is the highest United Nations legal body, established in 1945, to handle disputes between states. [The ICJ should not be confused with the treaty-based International Criminal Court (ICC). Also based in The Hague, the ICC brings cases against individuals for war crimes and crimes against humanity, while the ICJ involves cases against countries.]
The oral argument hearing comes after South Africa submitted an 84-page case against Israel on December 29, 2023. The country has assembled a team of some the best legal brains, dubbed the ‘A-Team’. It is led by Professor John Dugard, Adila Hassim SC, Tembeka Ngcukaitobi SC, Professor Max du Plessis SC, Blinne Ní Ghrálaigh KC, Professor Vaughan Lowe KC, Lerato Zikalala, Sarah Pudifin-Johes and Tshidiso Ramogale.
The South African legal team focuses on a provisional order pending the finalisation of the main claim against Israel so that immediate and urgent protection can be provided to the people of Palestine.
While addressing the crowd outside the WC High Court, Seehaam Samaai, the Director of Women’s Legal Centre and member of Lawyer4Palestine, said the ICJ was the South Africans’ hope for justice for the people of Palestine.
She declared: ‘Our South African legal team’s main claim is for the ICJ to find Israel guilty of breaching its obligations under the Genocide Convention by committing acts of genocide against the people of Palestine. And to further order Israel to cease perpetrating genocide against the Palestinian people, impose punishment on Israel for its genocidal acts against the Palestinian people, order Israel to conserve evidence and not prevent the collection and conservation of evidence of its genocidal acts against Palestinian people, demand reparations in the interest of Palestinian victims, and to demand Israel to not repeat its violations of the Genocide Convention.’
She also urged South Africans to continue supporting the call for the freedom of Palestine.
‘Having achieved our own freedom, we can fall into the trap of washing our hands of difficulties that others face. Yet, we would be less than human if we do so. It behoves all of us as South Africans, beneficiaries of international support against apartheid, to stand counted among those contributing actively to the cause of freedom and justice,’ added Samaai.
Activist and member of Unite Behind, Zackie Achmat, commended the unity of South Africans in the fight for a free Palestine.
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‘Today is a very beautiful day, where in front of the High Court we see Muslims, Jews, Christians, atheists; people from across all races, religions and classes, gathered under one call to support the people of Palestine. We should let such character inspire us and continue building movements that have such character,’ said Achmat.
Reverend Rodney Whitehall declared that justice must be served for the people of Palestine. ‘Today, we can only pray and hope that the outcomes of the ICJ reflect the reality faced by the people of Palestine. Further to that we must continue taking a public stand to say to The Hague that this is not just a legal matter, but this is a moral issue, an issue of life and death. The voice of the people must be heard from our shores to their eyes and to their desks.’
Caitlin Le Roi, a member of the South African Jews for a free Palestine, said that the response of the Israeli spokesperson, Eylon Levy, to South Africa’s expertly and meticulously crafted application, which lays bear the reality of Israelis conduct towards the Palestinians in Gaza, is a complete misrepresentation of the blood libel.
‘On January 2 Levy said that Israel would defend itself in the ICJ from “South Africa’s absurd blood libel”. Now, blood libel is one of the oldest anti-semitic tropes in the form of accusing Jewish people of murdering Christian people for the purpose of religious ritual. The weaponisation of Jewish pain, trauma and shared experience should stop and Israel must take accountability for their actions,’ said Le Roi.
PSC member, Aaliyah Jacobs said she was proud of the history South Africa was making. ‘At this moment I couldn’t be prouder of my country. To think that one day our children and the children in Palestine would look back and say our parents fought for a good cause. This keeps me motivated to continue the struggle for freedom and justice.’
In embracing the Global Day for Palestine on January 13, the PSC called on the public to join them in a peaceful demonstration at Mandela Glasses on the Sea Point Promenade. Among the speakers will be dr Imtiaz Sooliman, Noncedo Madubedube, Reverend Alan Boesak and Dr Koni Benson.
For more information on the ICJ hearing of the case South Africa against Israeli visit https://webtv.un.org/en .
