A South African-born New Zealand critic of Israeli apartheid and ethnic cleansing today delivered a strong defence of his home country’s genocide case filed with the International Court of Justice.

Israel is currently on trial on allegations of genocide with the ICJ in The Hague and South Africa has been joined by at least 15 other countries as accusers — but New Zealand is not among them.

Noting how global iconic leader Nelson Mandela spoke out in his lifetime in support of Palestinian rights, Palestine Solidarity Network Aotearoa (PSNA) campaigner Achmat Esau said South Africa was not speaking out of convenience, “but out of principle”.

Speaking at the combined Banners of Humanity and Banners of Palestine exhibition and concert at the Corbans Art Centre, Esau paraphrased the Irish poet and essayist W B Yeats’ famous 2019 poem “The Second Coming”:

“In a time when the world feels like it is unravelling, we must choose to be that centre — to hold the line for justice, dignity and humanity.”

A veteran activist of the Bastion Point and the 1981 Springbok tour anti-apartheid protests, he told the audience he was speaking about “camaraderie — a spirit of shared struggle, trust and solidarity” and how it shaped South Africa’s decision to take legal action against Israel at the ICJ and the International Criminal Court (ICC).

On 29 December 2023, South Africa filed a case against Israel at the ICJ, alleging violations of the Genocide Convention in the besieged Gaza Strip.

By January 2024, the court found these genocide allegations “plausible” and ordered Israel to take steps to prevent genocide, a legal order Tel Aviv has since ignored.

Support for South Africa
“Since then, multiple countries have joined the lawsuit action, and South Africa has submitted extensive to support its case,” Esau said.

Belgium, Bolivia, Brazil, Chile, Colombia, Iceland, Ireland, Libya, Maldives, Mexico, Namibia, Nicaragua, Palestine, The Netherlands, and Türkiye are among countries joining the lawsuit.

The ICC has also issued arrest warrants for war crimes and crimes against humanity against Israeli Prime Minister Benjamin Netanyahu, former Defence Minister Yoav Gallant, and three Hamas leaders (all since assassinated).

“in response, South Africa has faced intense pressure — particularly from the United States — through political threats, legal opposition and public condemnation,” said Esau.

“So why does South Africa persist? The answer lies in our history.

“Under apartheid, our struggle for freedom was sustained by international solidarity — by comrades who stood with us in our darkest hours.

“That solidarity shaped who we are.

“Countries such as Cuba, Palestine, Libya and Iran actively supported our liberation.”

Mandela’s message
On Nelson Mandela’s release from Robben Island jail after being imprisoned for 27 years, he “honoured them, calling them brothers, comrades and leaders , because they stood with South Africa when it mattered most”.

Esau also cited Mandela’s famous pledge, “We know too well that our freedom is incomplete without the freedom of the Palestinians.”

Many other speakers, singers and musicans took part at the Banners for Humanity event, which was a fundraiser for the global medical charity MSF — Doctors Without Borders.

The performers included Simon Frost and his daughters; PSNA’s co-chair Maher Nazzal; Taipua Kipa and Delta Johns, Waitakere College rangatahi; Lebanese singer Eva Maria Chasson; Mama Lema Shamaba, of the Democratic Republic of Congo; West Papuan Dr Mary Joku Ponifasio; Fatima Sanussi of Sudan; and Bibi Amina, speaking about Iran.

Masses of protest banners on display included “End genocidal capitalism — Palestine forever”, “IDF = Murder Machine — your silence is complicit with murder”, “Luxon! Sanction Netanyahu now: End U$rael Illegal War$”, and “The more you oppress — the more we will resist”.

Earlier in the day, Achmat Esau had also spoken at a PSNA rally in downtown Auckland’s Te Komititanga Square to mark the Red Ribbon Global Action to stop Israel’s plan to execute Palestinian hostages on the 132nd consecutive week of Gaza protests.

‘Prisoners’ in street theatre
A street theatre performance led by the Artists for Sumud Ensemble and Under the Same Moon featured hooded prisoners (the protesters) and most of the crowd. The group was led by singers Acacia O’Connor and Eva Maria, and Uruguayan artist-filmmaker Eloiza Montaña.

Speakers included Maya Swaid from the Palestinian community and social justice engineer Syed Iqbal, chair of Support Beyond Boards.

Israel is currently holding more than 9600 political prisoners hostage — an 83 percent increase since before the genocide began in October 2023.

Swaid related how many prisoners were arbitraily “taken from their homes, prosecuted and then incarcerated” in prisons notorious for torture under a military court system where they had no rights.

“There are also many women housed in these prisons and more than 3500 people who are not charged with any crime at all,” she said.

“No charge, no trial, no conviction. They are jailed under ‘administrative’ detention based on ‘secret evidence’ that they are not allowed to see in a system where they cannot defend themselves.

United Nations Special Rapporteur Francesca Albanese’s latest report has warned that Israel is systematically torturing Palestinians on a scale that “suggests collective vengeance and destructive intent” and that “torture has effectively become state policy” since October 2023, reports Democracy Now!

Earlier this month, the Israeli Knesset (Parliament) passed a law enabling mandatory executions of Palestinian prisoners by a 62-48 vote that has stirred global protests and condemnation by human rights groups.

Article by AsiaPacificReport.nz

The United States and Fiji have filed separate declarations of intervention in South Africa’s genocide case against Israel at the International Court of Justice (ICJ), alleging the country is committing genocide in Gaza.

While the US explicitly rejects the allegation that Israel is committing genocide, Fiji raises issues about how the 1948 Genocide Convention should be interpreted.

The 34-page Fiji declaration was filed on March 12 and is signed by Ambassador Ilaitia Tamata, Fiji’s Permanent Representative of Fiji to the United Nations and other international organisations in Geneva, reports The Fiji Times.

In the declaration, Fiji said it was exercising its right under Article 63(2) of the ICJ Statute to intervene as a party to the Convention, arguing that the case raises important questions about how it should be interpreted.

The filing confirms that Fiji has appointed its Permanent Representative to Israel, Ambassador Filipo Tarakinikini, as agent for the proceedings.

The Fiji filing was made alongside separate interventions by Namibia and Hungary, according to a press release issued by the court on Friday, reports Middle East Eye.

All four states submitted declarations under Article 63 of the ICJ statute, which allows countries that are parties to a treaty under dispute to intervene in order to present their interpretation of that treaty.

Iceland, Netherlands also file
Earlier on Thursday, Iceland and the Netherlands also filed declarations under Article 63.

South Africa filed the case in December 2023, accusing Israel of breaching the Genocide Convention through its military campaign in Gaza following the Hamas-led attacks of  October 7 that year.

Pretoria argues that Israel’s conduct — including mass killings, destruction of infrastructure and the imposition of conditions of life threatening the survival of Palestinians in Gaza — amounts to genocide.

Israel denies the accusation and claims its war is justified by considerations of self-defence.

The US submission on Thursday stands out among most interventions for directly defending Israel against the accusation brought by South Africa. Taking sides in a case is highly unconventional under Article 63 submissions.

“It’s very unusual for an intervening state (US) to use language like that,” explained Professor Gerhard Kemp, a scholar of international law.

“States normally stick to the legal issues, which can even be helpful for both sides. But terms like ‘false’ or ‘wrong’ don’t really move the needle,” he told Middle East Eye.

“They are probably aimed at a different audience.”

US argues genocide claim ‘false’
In its declaration, Washington argues that allegations that Israel has committed genocide in Gaza are “false” and urges the court to apply a strict legal threshold when determining genocidal intent.

It says, uncontroversially, that genocide can only be established where there is clear proof of specific intent to destroy a protected group.

Israel’s genocide in Gaza: Whatever happened to South Africa’s case at the ICJ?

That intent should only be inferred when it is the only reasonable explanation for the conduct in question, it says.

The submission argues that the ICJ must be fully convinced before determining an act is genocide, due to the exceptional gravity of the crime. It also says civilian casualties and destruction during armed conflict do not by themselves prove genocidal intent.

“The United States submits that the Court should maintain its standard for inferring intent. Lowering the standard risks broadening the application of the term ‘genocide’ such that it no longer carries its original weight and meaning, and invites attempts to misuse the Genocide Convention as a gateway for bringing extraneous disputes before the Court,” the US claimed.

Hungary and Fiji’s submissions similarly advance legal arguments that align closely with Israel’s position in the case.

Narrow interpretation
Hungary’s declaration calls for a narrow interpretation of genocide and emphasises that civilian casualties and destruction during armed conflict do not in themselves demonstrate genocidal intent.

Fiji’s intervention likewise urges the court to apply an extremely high evidentiary threshold for genocide, and cautions against relying heavily on reports by international organisations or non-governmental groups when assessing allegations.

By contrast, Namibia’s declaration focuses on a broader interpretation of the Genocide Convention and emphasises how genocidal intent may be inferred from patterns of conduct and cumulative evidence.

Namibia argues that acts such as the denial of humanitarian aid, repeated displacement and deprivation of basic necessities could fall within the Convention’s prohibition on deliberately inflicting conditions of life calculated to bring about the destruction of a protected group.

Its submission also stresses that genocide can be committed through omissions, including a refusal to allow or facilitate life-saving humanitarian assistance to civilians under a state’s control.

Third-state interventions
The new filings add to a rapidly expanding list of states seeking to intervene in the proceedings.

Since April 2024, similar interventions have been submitted by Colombia, Libya, Mexico, Palestine, Spain, Turkey, Chile, the Maldives, Bolivia, Ireland, Cuba, Belize, Brazil, the Comoros, Belgium and Paraguay in support of the South African argument.

Palestine and Belize have also sought to intervene under Article 62 of the court’s statute, which allows states to apply to participate in proceedings if they believe they have a legal interest that could be affected by the court’s decision.

Under Article 63, intervening states do not become parties to the dispute. Instead, they are permitted to present their interpretation of the treaty at issue — in this case the 1948 Genocide Convention.

The interpretation adopted by the court in its eventual judgment will also be binding on those states.

The case has become one of the most closely watched disputes ever heard by the ICJ and has drawn an unusually large number of third-state interventions, which have reached 22.

The court has already ordered Israel in legally binding provisional measures to take steps to prevent acts that could violate the Genocide Convention and to allow humanitarian aid into Gaza.

Israel ignores court orders
Israel has repeatedly ignored the orders.

A final ruling on whether Israel has breached the Convention is expected in 2028. But it could take longer, depending on the length of hearings and the two parties’ adherence to deadlines.

On Thursday, Israel was scheduled to submit its counter-memorial, or arguments in response to South Africa’s accusations, after several deadline extensions by the court.

The court has yet to announce that Israel has filed its evidence, however.

During its devastating onslaught, Israel has so far killed more than 74,000 Palestinians in Gaza, most of them women and children. It has also destroyed most of the enclave’s homes, hospitals, schools and other infrastructure, rendering it largely uninhabitable for its 2.3 million civilians.

A UN commission of inquiry concluded last September that Israel has committed genocide in Gaza since 7 October 2023.

The UN report’s authors, including legal experts Navi Pillay and Chris Sidoti, told Middle East Eye that the report used evidence and a similar methodology in its analysis to that which will be used by the ICJ.

Article by AsiaPacificReport.nz