ICJ genocide charges against Israel pose witness safety challenge: Legal expert

By Semir Sejfovic

ANKARA (AA) — As South Africa pursues its genocide accusations against Israel at the International Court of Justice (ICJ), a legal expert said the biggest challenge would be not to prove Israel’s genocidal intent but to protect witnesses and their ability to testify.

Akram Susan, director of the International Human Rights Clinic and professor at Boston University School of Law, said in an interview with Anadolu that the ICJ is a court focused on preventing and stopping genocides, not a criminal court.

"There has never been a decision from the world's highest court finding Israel responsible for war crimes, let alone crimes against humanity or genocide," she said, stressing that a guilty verdict would be groundbreaking, "regardless of Israel's response."

"And that is where it is going to be important to pressure every UN member state to take action in terms of a whole range of possible actions, (such as) ending diplomatic relations with Israel, putting sanctions on Israeli principals who are prosecuting the genocide, initiating criminal prosecutions in their own domestic courts, and issuing warrants for the arrests of Israeli perpetrators," she explained.

Susan underlined that if the ICJ decides that Israel is engaging in genocide, every UN member state will be obliged to both stop the genocidal action and punish it.

Public hearings in the genocide case against Israel began on Thursday at ICJ in The Hague.

On the first day of the trial, South Africa will be presenting hard evidence in the case it filed on Dec. 29, accusing Israel of genocide and violation of the UN Genocide Convention with its actions in the Gaza Strip since Oct. 7.

The South African side is requesting an injunction by the top UN court to halt Israel's military assault on Gaza, which has dragged on for more than three months, with the death toll rising to over 23,300.

The 84-page filing by South Africa accuses Israel of acts and omissions "genocidal in character, as they are committed with the requisite specific intent … to destroy Palestinians in Gaza as a part of the broader Palestinian national, racial and ethnical group."

It said Israel's genocidal acts include the killing of Palestinians, causing them serious bodily and mental harm, mass expulsion from homes and displacement, imposing measures intended to prevent Palestinian births, and deprivation of access to adequate food, water, shelter, sanitation, and medical assistance.

The South African delegation is being led by Justice Minister Ronald Lamola and will be joined by senior political figures from progressive political parties and movements across the globe.

Thursday's hearing is set to last three hours and will be followed by Israel's arguments in its defense the next day.

Susan said that at the ICJ, gathering evidence against Israel would be critical, stating: "In my mind, that will not be difficult, as there are over 2 million eyewitnesses to what Israel has done and is doing in Gaza."

However, she stressed that the biggest "challenge" would be ensuring the "safety of witnesses and their ability to present their testimony."

"That is going to be another and more complicated matter. So, for example, some of the main currently available witnesses will be doctors, journalists, humanitarian workers. But we know, for example, that many journalists have been killed and even possibly directly targeted," she added.

Noting that testimonies could also be submitted directly to the case online, Susan said technology "may well help to make witness statements more available."

*Writing by Alperen Aktas from Istanbul