'Each day the ICJ does not make provisional measures, Israel is killing Palestinians in Gaza'

By Ahmet Gurhan Kartal

THE HAGUE (AA) – The International Court of Justice judges have to “remember that for each day they don't make the provisional measures, Israel is killing Palestinians in Gaza and it's imperative to act quickly,” said Tayab Ali, director at International Centre for Justice for Palestinians.

Speaking to Anadolu, outside the ICJ in The Hague, Ali said the case is “a unique situation because we're not looking at something historic.”

He said: “We're looking at something that's happening right now. So, I think it's imperative and the court act really quickly. They do have it in their gift. If they decide to, they can make a decision tomorrow to give an indication of their provisional measures.”

Ali added that the provisional measure decision may take some time “but what the court has to remember, what the judges have to remember, is that, for each day they don't make the provisional measures, Israel is killing Palestinians in Gaza.”

“So it's imperative to act quickly,” he added.

- Strong evidence

The South African legal team supported their 84-page long evidence into Israel’s “genocidal” action in Gaza with numerous video files and photographs collected since the Oct. 7 Hamas offensive.

“You can just look at the 84 pages of legal submission that South Africa's legal team submitted already, at the application in its own right was compelling,” Ali said, adding that “it was very strong.”

“But what happened today is you had lawyers pick out particular arguments that were relevant to the court's decision making for provisional measures,” he added.

“And that is was strong. It was compelling.”

Ali said it would be “really interesting to see how Israel tries to respond to it.”

“But what was clear today was not only the acts that are perpetrated by Israel in Gaza, but also the intention was made quite clear.”

Ali argued that the South African team showed to the court Israel’s intentions, from Prime Minister Benjamin Netanyahu to the ranks of “political class, the Knesset, all the way through the military right down to the soldier on the ground that actually engaged them taking actions.”

“…and what only way, I think that you can interpret that is it's a genocidal intent,” Ali said.

He added: “If you put that genocidal intent together with the action, you have an act of genocide."

South Africa demanded from judges to impose provisional measures on Israel to halt its assault on Gaza to prevent further killings.

"The future of the Palestinians who are still in Gaza depends on the decision this court will make on this matter," the South African legal team told the court.

The delegation underlined that the mass killing of Palestinians in Gaza formed a "calculated pattern of conduct by Israel indicating a genocidal intent."

The ICJ will hear evidence from the Israeli legal team on Friday. The case was filed on Dec. 29.

- Israeli violations under 1948 Genocide Convention

The document filed by South Africa institutes proceedings against the Israeli state before the ICJ, “concerning alleged violations by Israel of its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide” (the 1948 Genocide Convention) “in relation to Palestinians in the Gaza Strip.”

- ‘Protect’ Palestinians against further harm

South Africa, with the lawsuit, also requested the ICJ to indicate provisional measures in order to “protect against further, severe and irreparable harm to the rights of the Palestinian people under the Genocide Convention” and “to ensure Israel’s compliance with its obligations under the Genocide Convention not to engage in genocide, and to prevent and to punish genocide.”

The Hague-based ICJ is the principal judicial organ of the UN, established in 1945. It is composed of 15 judges who are elected for a 9-year term by the UN General Assembly and the UN Security Council.

The Court has a role to settle, in accordance with international law, legal disputes submitted to it by States; and to give advisory opinions on legal questions referred to it by duly authorized UN organs and agencies of the system.

- 23,000 killed in 3 months

Israel has been criticized by the international community for indiscriminate attacks in Gaza Strip and its military actions amounting to collective punishment.

It has launched air and ground attacks on the Gaza Strip since Oct. 7, killing more than 23,000 Palestinians and injuring many more. About 1,200 Israelis are believed to have been killed in the initial Hamas attack. Among the dead there are at least 10,000 children and 7,000 women, according to Palestinian officials.