SOUTH AFRICA VS ISRAEL; CAN THE ICJ JUDGE ISRAEL?

GTI-South Africa was the home of the world Palestinian solidarity conference, 3-5 December 2023, of 150 delegates from 72 countries. South Africa represents the voice of the world. South Africa succeeded in dismantling the apartheid state system. Now South Africa is sharing its experiences and trying to sue Israel at the International Court of Justice for alleged genocide in Gaza, 28 December 2024. For the first time, Israel can be sued in an international court.

South Africa and Israel are both Members of the United Nations and therefore bound by the Statute of the Court, including Article 36 (1), which provides that the Court’s jurisdiction “comprises . . . all matters specially provided for . . . in treaties and conventions in force”.

South Africa and Israel are also parties to the Genocide Convention. Israel signed the Genocide Convention on 17 August 1949 and deposited its instrument of ratification on 9 March 1950, thereby becoming a party when the Genocide Convention entered into force on 12 January 1951. South Africa deposited its instrument of accession on 10 December 1998. It became applicable between the parties on the ninetieth day thereafter, pursuant to Article XIII of the Convention.

The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. It was established by the United Nations Charter in June 1945 and began its activities in April 1946. The Court is composed of 15 judges elected for a nine-year term by the General Assembly and the Security Council of the United Nations. The seat of the Court is at the Peace Palace in The Hague (Netherlands). The Court has a twofold role: first, to settle, in accordance with international law, legal disputes submitted to it by States; and, second, to give advisory opinions on legal questions referred to it by duly authorized United Nations organs and agencies of the system.

How is the future of the court ? How far, these efforts able to stop the Israeli genocide in Gaza. To what extent do these efforts contribute to the establishment of a Palestinian state.

GTI successfully interviewed Dr. Tim Anderson (Australia) and Arnaud (France), jan, 13, 2023.

Dr. Tim Anderson believes that this trial is significant, because it parallels South Africa's history of success in destroying the apartheid system. Israel's experience of being tried in an international court is important as a contribution to the delegitimization of the apartheid system. Meanwhile, Arnaud said that this trial is important because the Israeli genocide has become a topic of discussion at the world level, as has the genocide trials in Yugoslavia and Rwanda.

Dr. TIM ANDERSON. Australian Academic and Activist. He was Senior Lecturer at The University of Sydney. Diretor of The Sydney-Based Center for Hegemonic Studies.

ARNAUD DEVELAY. International Legal Consultant. Trained by Former Us Attorney General Ramsay Clark. Participated in Legal Committee of Behalf of Former Iraqi Presiden Saddam Hussein, Assisted in The Defense of Llitch Ramirez Sanchez. Spent Over Two Years Documenting The Effects of Sanctions in Syria.