Proving genocide, especially on a stage like the ICJ’s Grand Hall is often challenging, requiring clear evidence of intent according to the convention's definition. Israel's military insists it does not intend to harm civilians, only targeting Hamas. However, South Africa's application cites statements from Israeli leaders as evidence of the country's intent to commit or fail to prevent genocidal acts.
Blinne Ni Ghralaigh, an experienced trial and appellate lawyer, emphasised the urgent need for provisional measures to protect Palestinians in Gaza from irreparable prejudice caused by Israel's violation of the genocide convention, pointing to a public health disaster.
She outlined how, each day, Palestinians were being “blown to pieces” and dozens of children were being labeled WCNSFs – Wounded Child, No Surviving Family.
Vaughan Lowe argued that South Africa's case meets the requirements for provisional measures, clarifying that Hamas cannot be a party to the Genocide Convention or these proceedings as it is not a state.
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2024-01-12 05:56:50Z
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