2024-01-09 07:00:38
About twenty jurists, including professors and university professors, as well as a former state prosecutor and a lawyer from the Supreme Court, have signed a petition asking the Spanish Government to join the lawsuit that the South African Executive presented at the end of the year against Israel for genocide.
South Africa sues Israel for genocide before the highest court of the United Nations
The initiative has been promoted by RESCOP (Solidarity Network Against the Occupation of Palestine) and seeks, on the one hand, to publicly show support for South Africa’s demand and, on the other hand, “to urge the Government of Spain to adhere to the demands to actively participate in the judicial procedure before the International Court of Justice (ICJ), and to enforce the content of the decision that is adopted both provisionally and definitively.”
The signatories claim to know “the content of the lawsuit filed by the Republic of South Africa before the International Court of Justice in The Hague against the State of Israel a few days ago regarding the latter’s failure to comply with the Convention on the Prevention and Punishment of Crime. of Genocide in relation to members of the Palestinian community, requesting the imposition of obligations and the adoption of immediate precautionary measures for the state of Israel.
This Thursday sees the first hearing of the case against Israel at the ICJ in The Hague, which could issue a provisional ruling in a matter of weeks for precautionary measures to be adopted to stop the violence and alleged genocide. South Africa has requested that an interim measure be issued, in line with the ICJ’s general trend in issuing such rulings over the past decade. This court’s precautionary measures are intended to freeze the legal situation between the parties to guarantee the integrity of a future final judgment and are considered binding given the court’s “basic function of judicial resolution of international disputes.” However, States do not have to comply with them.
Israel has declared that will defend itself in court after decades of boycotting the highest UN court and the 15 judges that comprise it, but that does not mean that it will abide by its decisions.
South Africa will defend its accusation based on the “acts and omissions of Israel”, considered by that country “of a genocidal character, as they are committed with the specific intention required… to destroy the Palestinians of Gaza as part of a national group, broader racial and ethnic Likewise, in a letter in which he explained in detail his motivations, he alleges that “Israel’s conduct – through its state organs, state agents and other persons and entities acting on its behalf – in relation to the Palestinians of Gaza, violates its obligations under the Genocide Convention.
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