SA files evidence of genocide in Gaza in Memorial to ICJ

Supporters of a free Palestine gather at the Western Cape High Court where South Africa's legal team submitted its Memorial to the International Court of Justice. Picture: Armand Hough / Independent Newspapers

Supporters of a free Palestine gather at the Western Cape High Court where South Africa's legal team submitted its Memorial to the International Court of Justice. Picture: Armand Hough / Independent Newspapers

Published Oct 29, 2024

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Cape Town - Lawyers outside the Western Cape High Court were among those addressing the scores of people affirming that South Africa’s argument that Israel is committing genocide in Palestine, was rooted in substantive evidence, as the South African government filed its latest submission to the International Court of Justice (ICJ).

Amid cold and wet weather, nearly 100 people gathered outside the High Court to express their support for South Africa’s legal team as it submitted its Memorial to the ICJ.

In a statement, the Presidency confirmed it had filed the Memorial, yesterday, forming part of its broader case initiated in December 2023, stating that Israel was in breach of the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) in the Gaza Strip.

As per Court rules, the Memorial cannot be made public.

Evidence is detailed in over 750 pages of text, and supported by exhibits and annexes of over 4000 pages.

South Africa’s ambassador to the Netherlands, Vusi Madonsela, delivered boxes, containing 62 copies of the Memorial.

“The glaring genocide in Gaza is there for all who are not blinded by prejudice to see,” the statement read.

— Ofentse Donald Davhie (@donalddavhie) October 28, 2024
Evidence is detailed in over 750 pages of text, and supported by exhibits and annexes of over 4000 pages. As per Court rules, the Memorial cannot be made public. Picture: Dirco/Supplied

Israel has killed at least 43 020 Palestinians in Gaza and wounded 101 110 since October 2023.

Ashraf Mahomed, representing the National Association of Democratic Lawyers (NADEL), said they proudly supported the South African Government’s additional submissions to the ICJ.

“We stand in solidarity with the South African legal team who are boldly standing up for truth and justice. Today marks 387 days since the 7th October that the apartheid State of Israel has weaponised the attack by Hamas and engaged in the wanton killing of Palestinians and the destruction of infrastructure in Gaza.

“The genocidal apartheid state has implemented an egregious policy of extermination of the Palestinians so that a pure Jewish state can ostensibly be established on land that they have occupied for 76 years.”

Advocate and member of The Cape Bar, Anwar Albertus, said: “As a lawyer of many years in standing, having fought many cases throughout this country, before this court, multiple times, in other high courts throughout South Africa, in a Supreme Court of Appeal, and also in the Constitutional Court, and beyond the borders … The evidence is overwhelmingly clear that genocide is being perpetrated.”

Anti-Zionist Jew and member of South African Jews for a Free Palestine, Megan Choritz, said more should be done.

“It’s been 13 months of genocide, 13 months of brutality, savagery, and unending ethnic cleansing by the Zionist entity in Palestine… We cannot wait another 13 months. We have to boycott, divest, and sanction.”

Healthcare Workers 4 Palestine SA acting chairperson, Dr Masudah Paleker, said: “For health to flourish, individuals, families and communities must live within environments that enable their health. Apartheid, occupation, colonisation, interstate-sponsored violence, military, siege, and genocide are not enablers of health.”

Palestine Solidarity Campaign (PSC) chairperson Martin Jansen said the PSC intends to bring a case against the National Prosecuting Authority (NPA) to the High Court over its unwillingness to pursue cases and prosecute South Africans serving in the Israel Defence Forces (IDF), of which they have been providing evidence of since 2009.

ANC representative and leader of the Opposition Muhammad Khalid Sayed said the party would be calling for the Western Cape Legislature to convene a debate “on Israeli genocide, not only in Palestine, but the entire Middle East.”

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