South Africa Accuses Israel of Genocide Day 1 In the International Court

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Sitting is open. The Court meetstoday and will meet tomorrow under Article seventy
four, paragraph three of the Rulesof Court to hear the oral observations of
the parties on the request for theindication of provisional measures submitted by the Republic
of South Africa in the case concerningapplication of the Convention on the Prevention and

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Punishment of the Crime of Genocide inthe Gaza Strip South Africa versus Israel.
The Court does not include upon thebench a judge of the nationality of either
party. Accordingly, both parties availthemselves of the right under Article thirty one,
paragraph three of the Statute to choosea judge at hak. South Africa

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has chosen Judge Dick Gong Ernest Musenekeand Israel Judge Aharon Barak. Article twenty
of the Statute provides that every memberof the Court shall, before taking up
his duties, make a solemn declarationin an open court that he will exercise
his powers impartially and conscientiously. Pursuingto Article thirty one, paragraph sixth of

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the Statute. That same provision appliesto judges ad hoc. Before inviting Judge
Mosenicate and Judge Barak to make theirsolemn declarations. I shall, first,
in accordance with custom, say afew words about their careers and qualifications.
Judge Dick gong Ernest Moseneke of SouthAfrican nationality has had a distinguished career as

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a judge, law practitioner and academic. After obtaining degrees in English, political
science and law from the University ofSouth Africa, he practiced as an attorney
and an advocate with the Pretoria BarIn twenty two thousand and one, he
was appointed a judge on the HighCourt in Pretoria, and a year later

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he became a judge on the ConstitutionalCourt of South Africa, where he was
Deputy Chief Justice for more than adecade and acting Chief Justice in twenty thirteen
and twenty fourteen. Judgemuseneke is alsoan honorary professor in the Department of Jurisprudence
at the University of Pretoria and hasserved as a chancellor of the Pretoria Technicon

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and the University of Vitvatstan in Hannesburg. Judgemuseneke has received numerous honorary doctorates and
awards. I shall now say afew words about the career and qualifications of
Judge Baraks. Judje Aharan Barak ofIsraeli nationality has had an eminent career as
a judge in law professor. Heholds a PhD in Law from the Hebrew

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University of Jerusalem and served as thedean of the Faculty of Law of that
university between nineteen seventy four and nineteenseventy five. He was appointed to the
Israeli Supreme Court in nineteen seventy eightand served as its president from nineteen ninety
five to two thousand and six.Prior to joining Thereme Court, Judge Barack

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served as the Attorney General of theState of Israel between nineteen forty nineteen seventy
five and nineteen seventy eight. Hehas taught law in a number of law
schools, including Yale University, theHebrew University of Jerusalem, and the Reichmann
University in Herzelia, Israel. JudgeBarack has also written extensively in law and

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has received numerous honorary degrees and awards. In accordance with the order of precedence
fixed by Article seven, paragraph threeof the Rules of Court, I shall
first invite Judge Masseneke to make thesolemn declaration prescribed by the statute, and
I request all those present to rise. Judge Mosseneke, you have the floor.

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I solemnly declare that I will performmy duties and exercise my powers as
a judge honorably, faithfully, impartially, and conscientiously. I thank Judgementseneke,

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and I now invite Judge Barack tomake the solemn decoration prescribed by the statute.
Judge Barack, you have the floor. I solemnly declare that I will
perform my duties and exercise my powersas judge honorably, faithfully, impartially,
and consciously. I thank you.Judge Barack, please be seated. I

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take note of the solemn declarations madeby Judge at Hakmuseneke and Judge at Hak
Barack, and I declare them dulyinstalled as judges ad hoc in the case
concerning application of the Convention on thePrevention and Punishment of the Crime of Genocide
in the Gaza Strip, South Africaversus Israel, shall will now recall the
principal steps of the procedure in thepresent case. On twenty nine December twenty

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twenty three, the Government of SouthAfrica filed in the Registry of the Court
an application instituting proceedings against the Stateof Israel alleging violations by the latter of
its obligations under the nineteen forty eightConvention on the Prevention and Punishment of the
Crime of Genocide. I shall referto this Convention as the Genocide Convention.

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To found the jurisdiction of the Court. South Africa invokes Article thirty six,
Paragraph one of the Statute of Courtand Article nine of the Genocide Convention.
South Africa states that its applications concernsacts threatened, adopted, condoned, taken
and being taken by the government andmilitary of Israel against the Palestinian people,

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a distinct national, racial, andethnical group, in the wake of the
attacks in Israel on seventh October twentytwenty three. South Africa contends that the
acts and emotions by Israel of whichA complains are genocidal in character because I
quote, they are intended to bringabout the destruction of a substantial part of

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the Palestinian national, racial, andethnical group, that being the part of
the Palestinian group in the Gaza Strip. End of South Africa. Asserts that
the relevant acts are attributable to Israel, which has failed to prevent genocide and
is committing genocide, and which hasalso violated and continues to violate other fundamental

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obligations under the Genocide Convention. Theapplication contains a request for the indication of
provisional measures pursued too Article forty oneof the Statute of Court and Articles seventy
three, seventy four and seventy fiveof the Rules of Court. According to
South Africa, I quote, provisionalmeasures are necessary in this case to protect

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against further, severe and irreparable harmto the rights of the Palestinian people under
the Genocide Convention, which continue tobe violated with impunity. South Africa requests
that the Court indicate provisional measures toattract and preserve those rights, as well
as its own rights under the Convention, and to prevent any aggravation or extension

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of the dispute, pending the determinationof the merits of the issues raised by
the application. End of quote.The Registrar will now read out the passage
from the request specifying the provisional measureswhich the Government of South Africa is asking
the Court to indicate. You havethe form mister Registrar, thank you,
Madam President I quote One, theState of Israel shall immediately suspend its military

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operations in and against Gaza. Two. The State of Israel shall ensure that
any military or irregular armed units whichmay be directed, supported, or influenced
by it, as well as anyorganizations and persons which may be subject to
its control, direction, or influence, take no steps in furtherance of the

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military operation. Refer to Point onezero Three. The Republic of South Africa
and the State of Israel shall,each, in accordance with their obligations under
the Convention of the Prevention and Punishmentof the Crime of Genocide in relation to
the Palestinian People, take all reasonablemeasures within their power to prevent genocide.

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Four. The State of Israel shall, in accordance with its obligations under the
Convention and the Prevention and Punishment ofthe crime of Genocide in relation to the
Palestinian People, as a group protectedby the Convention on the Prevention and Punishment
of the Crime of Genocide, desistfrom the commission of any and all acts

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within the scope of Article two ofthe Convention, in particular a killing members
of the group B causing serious bodilyor mental harm to the members of the
group. C deliberately inflicting on thegroup conditions of life calculators bring about its
physical destruction in all or in part, and d imposing measures intended to prevent

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birds within the group. Five.The State of Israel shall, person and
to point four s above, inrelation to Palestinians, desist from and take
all measures within its power, includingthe rescinding of relevant orders of restrictions and
or of prohibitions, to prevent athe expulsion and force displacements from their homes.

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B the deprivation of B one accessto adequate food and water, B
to access to humanitarian assistance, includingaccess to adequate fuel, shelter, clothes,
ig and sanitation. B three medicalsupplies and assistance. And see the

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destruction of Palestinians life in Gaza.Six. The State of Israel shall,
in relations to Palestinians, ensure thatIt's military, as well as any irregular
arm units or individuals which may bedirected, supported, or otherwise influenced by
it, and any organizations and personswhich may be subject to its control,

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direction, or influence, do notcommit any act described in four and five.
Above or engage in direct and publicincitement to commit genocide, conspiracy to
commit genocide, attempt to commit genocide, or complicity in genocide, and in
so far as they do engage thereinthat steps are taken towards their punishment persuanto

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Articles one, two, three,and four of the Convention on the Prevention
and Punishment of the Crime of Genocide. Seven, the State of Israel shall
take effect active measures to prevent thedestruction and ensure the preservation of evidence related
to allegations of acts within the scopeof Article two of the Convention on the

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Prevention and Punishment of the Crime ofGenocide. To that end, the State
of Israel shall not act to denyor otherwise restrict access by fact finding missions,
international mandates, and other bodies togather to assist in ensuring the preservation
and retention of evidence it The Stateof Israel shall submit a report to the

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Court on all measures taken to giveeffect to this order within one week as
from the date of this Order,and thereafter at such regular intervals as the
Court shall order, until a finaldecision on the case is rendered by the
Court. Nine. The State ofIsrael shall refrain from any action, and

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shall ensure that no action is takenwhich might agree with it, or extend
a dispute before the court, ormake it more difficult to resolve and of
court, I thank the Registrar.Immediately after the application containing the request for
the indication of provisional measures was filed, the Deputy Registrar transmitted an original copy

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thereof to the Government of Israel.He also notified the Secretary General of the
United Nations. According to Article seventyfour, paragraph one of the Rules of
Court, a request for the indicationof provisional measures shall have priority over all
other cases. Paragraph two of thesame article states that the Court shall proceed
to a decision on the request asa matter of urgency. This imperative must,

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however, be balanced with the needto fix a date of oral proceedings
in such a way as to affordthe parties an opportunity to be represented at
the hearings. Consequently, the partieswere informed that the date for the opening
of the oral proceedings, during whichthey could present their observations on the request
for the indication of provisional measures,had been fixed for Thursday, eleventh January

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twenty twenty four at ten a m. I would now like to welcome the
delegations of South Africa and Israel,and I note the presence before the Court
of the Agents and Council of bothparties this morning. The Court will hear
the single round of oral argument ofSouth Africa, which has submitted the request
for the indication of provisional measures.It will hear Israel tomorrow morning at ten

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a m. For purposes of thissingle round of oral argument, each party
will have available to it a threehour sitting. In this first sitting,
South Africa may, if required,avail itself of a short extension beyond one
pm today. In view of thetime taken up by these introductory remarks.
Before I give the floor to theAgent of South Africa, I wish to

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draw the party's attention to practice Directioneleven, which states as follows, I
quote. In oral proceedings on therequest for the indication of provisional measures,
parties should limit themselves to what isrelevant to the criteria for the indication of
provisional measures as stipulated in the statute, rules and jurisprudence of the Court.
They should not enter into the meritsof the case beyond what is strictly necessary

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for that purpose. End of Inow give the floor to the Agent of
South Africa, his excellency Mister Vizdumuzi. Madamesella, you have the floor,
Excellency Madame President, Distinguished Members ofthe Court, it is an honor and

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a privilege for me to appear beforeyou today on behalf of the Republic of
South Africa. I wish to expressmy gratitude to the Court for convening this
hearing on the earliest possible date toentertain South Africa's requests for the indication of
provisional measures in this matter. Inour application, South Africa has recognized the

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ongoing of the Palestinian people through Israel'scolonization since nineteen forty eight, which has
systematically and forcibly dispossessed, displaced andfragmented the Palestinian people, deliberately denying them
their internationally recognized in alienable right toself determination and their internationally recognized rights of

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return as refugees to their towns andvillages in what is now the state of
Israel. We are also particularly mindfulof Israel's institutionalized regime of discriminatory laws,
policies, and practices designed and maintainedto establish termination subjecting the Palestinian people to

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a parthe eight on both sides ofthe Green line. Decades long impunity for
widespread and systematic human rights violations hasemboldened Israel in its recurrence and intensification of
international crimes in Palestine. At theoutset, South Africa acknowledges that the genocidal

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acts and omissions by the State ofIsrael inevitably from part of a continuum of
illegal acts perpetrated against the people Palestinianpeople since nineteen forty eight. The application
places Israel's genocidal acts and omissions withinthe broader context of Israel's seventy five year

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apartheid, fifty six year occupation,and sixteen year siege imposed on the Gaza
Strip, a siege which itself hasbeen described by the Director of un r
WA Affairs in Gaza as a silentkiller of people. As the Committee on

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the Elimination of Racial Discrimination warned onDecember twenty one, hate speech and humanizing
discourse targeted at Palestinians. It's raisingsevere concerns regarding Israel and other states parties
obligation to prevent crimes against humanity.And genocide in the Gaza strip. This

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warning has been followed by a successionof warnings, including by thirty seven United
Nations Special reporteers of the failure ofthe international system to mobilize to prevent genocide
in Gaza. Today we are joinedin court by representatives of the Palestinian State,

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the Palestinians who work in the fieldsof human rights, including residents of
Gaza, who were in Gaza justa few days ago. They are some
of the lucky ones who managed toget out of Gaza, their future and
the future of their fellow Palestinians whoare still in Gaza, and on the

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decision Discourt will make on this matter. With the leave of the Court,
I now call upon his excellency misterRonald Lamola, Minister of Justice of the
Republic of South Africa, to makeSouth Africa's substantive opening remarks. I thank
the Agent of South Africa for hisstatement, and I now invite the Minister

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of Justice and Correctional Services for theRepublic of South Africa, his Excellency Mister
Ronald Lamola, to take the floor. You have the floor, Excellency,
thank you, Madam President, anddistinguish members of the Court. It is
an honor for me to stand herein front of you on behalf of the
Republic of South Africa on this exceptionalcase, in extending our hands across the

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the miles to the people of Palestine. We do so in full knowledge that
we're part of a humanity that isat one. These were the ways of
a founding President Nelson Mandela. Thisis the spirit in which South Africa acceded
to the Convention on the Prevention andPunishment of Crime of Genocide in nineteen ninety

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eight. This is the spirit inwhich we approach this court as a contracting
party to the Convention. This isa commitment to Ohe to the people of
Palestine and Israel is alike. Aspreviously mentioned, the violence and the destruction
in Palestine and Israel did not beginon the seventh of October twenty twenty three.

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The Palestinians have experienced stematic operation andviolence for the last seventy six years.
On six October twenty twenty three andevery day since October the seventh,
twenty twenty three. In the GazaStrip, at least since two thousand and
four, Israel continues to exercise controlover the space territorial water, land,

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crossing, water, electricity and civilianinfrastructure, as well as over key government
functions. Entry and exit by Mand C to Gaza is strictly prohibited,
with Israel operating the only two crossingspoints. Given that continuing effective control by

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Israel and over the territory of Gaza, Israel is still considered by international community
to be under beligrent occupation by Israel. South Africa unequivocally condemned the targeting of
civilians by Hamas and other Palestinians armedgroups and the taking of hostages on the

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seventh of October twenty twenty three,and is again expressly recorded this condemnation mostly
recently and is not able to Israelon the twenty first of December twenty twenty
three, that said, go armedattack on a stage territory, no matter

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how serious, even an attack involvingatrocity crimes can provide any justification for or
defense too, breaches to the Convention, whether as a matter of law or
morality. Israel's response to the seventhof October twenty twenty three attack has crossed

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this line and give rise to thebreaches of the Convention. Faced with such
evidence, and our duty to dowhat we can do to prevent genocide as
contained in Article one of the Convention. The South African government initiated this case.
South Africa welcomes the fact that Israelhas engaged with the case in order

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to have the matter resolved by theCourt after careful and objective consideration of the
facts and submission put before it.As the parties to the Convention have intended,
This hearing is consigned with South Africa'srequests to the Court for the indication
of provisional measures and will necessarily havea narrow and particular focus. I invoked

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the ways of Martin Luther King whenhe said the art of the moral of
the universe is long always bending towardsjustice. South Africa's case will be presented
by a team of six legal councilscomprising of Doctor Adela Sim, Mister Tembergan
Dugaydobi, Professor John Dugat, Missblim Lecron, Mister max To Priests and

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Professor Vaughan Law. Doctor Adela SimSenior Council will provide an overview of the
risk of genocidial acts in the perpetualvulnerability to acts of genocide. Mister Tembergan
Gugaydobe Senior Council will examine Israel's alleegenocidal intent. Professor John Dougad Senior Council

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will focus on the prima face jurisdiction. Professor mex to Plics Senior Counsel will
discuss the various rights currently and thethreat. Bilin Nee Karol King's Counsel will
provide will present the argument of agencyand postential irreparable harm. And Professor Wagan

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Law King's Counsel will speak on theprovisional measures. I now request, Madame
President the Court to call on doctorHassim. I think his excellency mister Lamola,
and I now invite Miss Adela hasseemed to address the Court. You
have the form adam, thank you, Madam President. Distinguished members of the

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Court, it is a privilege toappear on behalf of the Republic of South
Africa in this case of exceptional importance. It's a case that undook scores the
very essence of our shared humanity asexpressed in the Preamble to the Genocide Convention.

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It's my task to address the Courton the genocidal acts that have led
to this urgent request for provisional measuresunder Article forty one of the Statute of
the Court South Africa contends that Israelhas transgressed Article two of the Convention by

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committing actions that fall within the definitionof genocide. The actions show a systematic
pattern of conduct from which genocide canbe in allow me to place these acts
in context. Gaza is one ofthe two constituent territories of the occupied Palestinian

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territories occupied by Israel since nineteen sixtyseven. It is a narrow strip of
approximately three hundred and sixty five squarekilometers as depicted in the map now displayed.
Israel continues to exercise control over thespace, territorial waters, land crossings,

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water electricity, electromagnetic sphere, andcivilian infrastructure in Gaza, as well
as over key governmental functions. Asthe Honorable Minister has said, entry and
exit by air and sea to Gazais prohibited, with Israel operating the only

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two crossing points. Gaza, whichis one of the most densely populated places
in the world, is home toapproximately two point three million Palestinians, almost
half of them children. For thepast ninety six days, Israel has subjected
Gaza to what has been described asone of the heaviest conventional bombing campaigns in

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the history of modern warfare. Palestiniansin Gaza are being killed by Israeli weaponry
and bombs from air, land andsea, also at immediate risk of death
by starvation, dehydration and disease asa result of the ongoing siege by Israel,

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the destruction of Palestinian towns, theinsufficient aid being allowed through to the
Palestinian population, and the impossibility ofdistributing this limited aid while bombs fall.
This conduct renders essentials to life unobtainableat this provisional measures stage. As this

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Court has made clear in the GambiaMyanmar case, it is not necessary for
the Court to come to a finalview on the question of whether Israel's conduct
constitutes genocide. It is necessary toestablish only whether at least some of the

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acts alleged are capable of falling withinthe provisions of the Convention. On analyzing
the specific and ongoing genocidal acts complainedof, it is clear that at least
some, if not all, ofthese acts fall within the Convention's provisions.

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These acts are documented in detail inSouth Africa's application and confirmed by reliable,
often UN sources. That's unnecessary andimpossible for me to recount all of them.
I will highlight only some in orderto illustrate the pattern of genocidal conduct.

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The UN statistics that are relied uponare up to date as of nine
January twenty twenty four. In SouthAfrica's oral submissions, we will illustrate the
facts that we rely on with limiteduse of audio visual material, Madam President.

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We do so with restraint and wherenecessary, and always with respect to
the Palestinian people. Against this background, I move now to demonstrate in turn,
how Israel's conduct violates Articles two A, two B, two C and

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two D of the Convention. Thefirst genocidal act committed by Israel is the
mass killing of Palestinians in Gaza,in violation of Article two A of the
Genocide Convention. As the UN SecretaryGeneral explained five weeks ago, the level

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of Israel's killing is so extensive thatnowhere is safe in Gaza. As I
stand before you today, twenty threethousand, two hundred and ten Palestinians have
been killed by Israeli forces during thesustained attacks over the last three months.

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At least seventy percent of whom arebelieved to be women and children. Some
seven thousand Palestinians are still missing,presumed dead. Under the rubble. Palestinians

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in Gaza are subjected to relentless bombingwherever they go. They are killed in
their homes, in places where theyseek shelter, in hospitals, in schools,
in mosques, in churches, andas they try to find food and
water for their families. They havebeen killed if they failed to evacuate in

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the places to which they have fled, and even while they attempted to flee
along Israeli declared safe roots. Thelevel of killing is so extensive that those
whose bodies are found are buried inmass graves, often unidentified. In the

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first three weeks alone following seven October, Israel deployed six thousand bombs per week.
At least two hundred times. Ithas deployed two thousand pound bombs in
southern areas of Palestine designated as safe. These bombs have also decimated the North,

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including refugee camps. Two thousand poundbombs are some of the biggest and
most destructive bombs of air. Theyare dropped by lethal fighter jets that are
used to strike targets on the groundby one of the world's most resourced armies,

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Israel has killed an unparalleled and unprecedentednumber of civilians with the full knowledge
of how many civilian lives each bombwill take. More than one eight hundred
families. Palestinian families in Gaza havelost multiple family members, and hundreds of

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multi generational families have been wiped outwith no remaining survivors. Mothers, fathers,
children, siblings, grandparents, aunts, cousins, often all killed together.
This killing is nothing short of distructionof Palestinian life. It is inflicted

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deliberately. No one is spared,not even newborn babies. The scale of
Palestinian child killings in Gaza is suchthat UN chiefs have described it as a
graveyard for children. The devastation wesubmit is in is intended to and has

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laid waste to Gaza beyond any acceptablelegal, let alone humane justification. The
second genocidal act identified in South Africa'sapplication is Israel's infliction of serious bodily or
mental harm to Palestinians in Gaza inviolation of Article two be of the Genocide

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Convention. Israel's attacks have left closeto sixty thousand Palestinians wounded and maimed again,
the majority of them women and children. This in circumstances where the healthcare
system has all but collapsed. Ireturned to this later in my speech.

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Large numbers of Palestinian civilians, includingchildren, are arrested, blindfolded, forced
to undress, and loaded onto truckstaken to unknown locations. The suffering of
the Palestinian people, physical and mental, is undeniable. Turning to the Third

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Genocidal Act under Article two, seeIsrael has deliberately imposed conditions on Gaza that
cannot sustain life and are calculated tobring about its physical destruction. Israel achieves
this in at least four ways.First, by displacement, Israel has forced

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forced the displacement of about eighty fivepercent of Palestinians in Gaza. There is
no way safe for them to fleeto Those who cannot leave or refuse to
be displaced have either been killed orat extreme risk of being killed in their
homes. Many Palestinians have been displacedmultiple times as families are forced to move

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repeatedly in search of safety. Israel'sfirst evacuation order on thirteen October required the
evacuation of over one million people,including children, the elderly, the wounded
and infirm. Entire hospitals were requiredto evacuate even newborn babies in intensive care.

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The order required them to evacuate thenorth to the south within twenty four
hours. The order itself was genocidal. It required immediate movement, taking only
what could be carried, while nohumanitarian assistance was permitted, and fuel,

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water and food and other necessities oflife had deliberately been cut off. It
was clearly calculated to bring about thedestruction of the population. For many Palestinians,
the forced evacuation from their homes isinevitably permanent. Israel has now damaged

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or destroyed and estimated three hundred andfifty five thousand Palestinian homes, leaving at
least half a million Palestinians with nohome to return to. The Special Rappertur
on the Human Rights of Internally DisplacedPersons explains that houses and infrastructure i quote

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have been raised to the ground,frustrating any realistic prospects for displaced Garsans to
return home, Repeating a long historyof mass force displacement of Palestinians by Israel.
There is no indication at all thatIsrael accepts responsibility for rebuilding what it

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has destroyed. Instead, the destructionis celebrated by the Israeli Army. Soldiers
film themselves joyfully detonating entire apartment blocksand town squares, erecting the Israeli flag
over the wreckage, seeking to reestablish Israeli settlements on the rubble of Palaceinian

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homes and thus extinguishing the very basisof Palestinian life in Gaza. Second,
together with the force displacement, Israel'sconduct has been deliberately calculated to cause widespread
hunger, dehydration, and starvation.Israel's campaign has pushed Gazans to the brink

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of famine. An unprecedented ninety threepercent of the population in Gaza is facing
crisis levels of hunger. Of allthe people in the world currently suffering catastrophic
hunger, more than eighty percent arein Gaza. The situation is such that

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the experts are now predicting that morePalestinians in Gaza may die from starvation and
disease than air strikes. And yetIsrael continues to impede the effective delivery of
humanitarian assistance to Palestinians, not onlyrefusing to allow sufficient aid in, but

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removing the ability to distribute it throughconstant bombardment and obstruction. Just three days
ago, on eight January, aplanned mission by UN agencies to deliver urgent
medical supplies and vital fuel to ahospital and medical supply center was I was

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denied by Israeli authorities. This markedthe fifth denial of a mission to the
center since twenty sixth December, leavingfive hospitals in northern Gaza without access to
life saving medical supplies and equipment.AID trucks that are allowed in are seized

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upon by the hungry. What isprovided is simply not enough. Right in
President, Members of the Court.This is an image of an AID truck
arriving in Gaza. Third, Israelhas deliberately inflicted conditions in which Palestinians in

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Gaza are denied adequate shelter, clothes, or sanitation. For weeks, there
have been acute shortages of clothes,bedding, blankets, and critical non food
items. Clean water is all butgone, leaving far below the amount required

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to safely drink, clean and cook. Accordingly, the WHO has stated that
Gaza is experiencing soaring rates of infectiousdisease outbreaks. Cases of diarrhea in children
under five years of age have increasedtwo thousand percent since hostilities began. When

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combined and left untreated, malnutrition anddisease create a deadly cycle. The fourth
genocidal Act under Article two B isIsrael's military assault on Gaza's healthcare system,

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which renders life unsustainable. Even byseven December, the UN's Special Rapid on
the Right to Health noted that thehealthcare of infrastructure in the Gaza Strip has
been completely obliterated. Those wounded byIsrael and Gaza are being deprived of life

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saving medical care. Gaza's healthcare system, already crippled by years of blockade and
prior attacks by Israel, is unableto cope with the sheer scale of the
injuries. Finally, the UN SpecialRapid turn Violence against Women and Girls has

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pointed to acts committed by Israel thatwould fall under the under the fourth category
of genocidal acts in Article two Dof the Convention. On twenty two November,
she expressly warned the following the reproductiveviolence inflicted by Israel on Palestinian women

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knew born babies, infants, andchildren could be qualified as acts of genocide
under Article two of the Genocide Convention, including imposing measures intended to prevent births
within a group. Israel is blockingthe delivery of life saving aid, including

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essential medical kits for delivering babies,in circumstances where an estimated one hundred and
eighty women are giving birth in Gazaeach day. Of these one hundred and
eighty women, the WHO warns thatfifteen percent are likely to experience pregnancy or

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birth related complications and need additional medicalcare. That care is simply not available
in some Madam President. All ofthese acts individually and collectively form a calculated

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pattern of conduct by Israel, indicatinga genocidal intent. This intent is evident
from Israel's conduct in specially targeting Palestiniansliving in Gaza using weaponry that causes large

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scale homicidal destruction, as well astargeting snipe, targeted sniping of civilians,
designating safe zones for Palestinians to seekrefuge, and then bombing these, depriving
Palestinians in Gaza of basic needs,food, water, health care, fuel,

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sanitation, and communications, destroying socialinfrastructure. Homes, schools, mosques,
churches, hospitals, and killing seriously, injuring and leaving large numbers of

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children orphaned. Genocides are never declaredin advance, but this Court has the
benefit of the past thirteen weeks ofevidence that shows incontrovertibly a pattern of conduct
and related intention that justifies a plausibleclaim of genocidal acts. In the Gambia

(45:51):
mean Mar cause, this Court didnot hesitate to impose provisional measures in relation
to allegations Admanma was committing genocidal actsagainst the Ruhinda within the reclined state.
The facts before the Court today aresadly even more stark, and, like

(46:15):
the Gambia Mianma case, deserve anddemand this Court's intervention. Every day there
is mounting irreparable loss of life,property, dignity and humanity for the Palestinian
people. Our news feeds show graphicimages of suffering that has become unbearable to

(46:42):
watch. Nothing will stop the sufferingexcept in order from this Court. Without
an indication of provisional measures, theatrocities will continue, with the Israeli Defense
Force indicating that intends pursuing this courseof action for at least a year.
In the words of the UN UnderSecretary General on five January twenty twenty four,

(47:07):
I quote, you think getting aidinto Gaza is easy, Think again.
Three layers of inspections before trucks caneven enter, Confusion and long queues,
a growing list of rejected items,a crossing point meant for pedestrians,

(47:31):
not trucks, another crossing point wheretrucks have been blocked by desperate, hungry
communities. A destroyed commercial sector,constant bombardments, poor communications, damaged roads,
convoys shot at delays at checkpoints.A traumatized and exhausted population crammed into

(47:59):
a small and smaller slaver of land. Shelters which have long exceeded their full
capacity. Aid workers themselves displaced killed. This is an impossible situation for the
people of Gaza and for those tryingto help them. The fighting must stop.

(48:22):
Close quote Madam President, Members ofthe Court, that concludes my section
on the genocidal conduct of Israel,I thank you for your patient attention,
and I ask that you call AdvocateMukatobi to the podium to address the Court

(48:44):
on genocidal intent. I think,Miss Hassim, and I now invite mister
Timbaka Yukatobi to address the court.You have the Forcer Marin President and distinguished

(49:07):
members of the Court. It isa privilege to appear before the Court on
behalf of South Africa. I willaddress Israel's genocidal intent. At this stage,
the Court is not required to determinethat the only inference to be drawn
from the available evidence is genocidal toorder provisional measures as that is to decide

(49:31):
the merits. Rather, the assessmentof the existence of an intent to destroy
could be made by the Court onlyat the stage of the examination of the
merits. That sum of the allegedacts may also amount to atrocities other than

(49:52):
genocide does not exclude the finding ofplausible acts of genocide. Madame President South
Africa is not alone in drawing attentionto Israel's genocidal rhetoric against Palestinians in Gaza.

(50:15):
Fifteen United Nations Special repertoires and twentyone members of the United Nations Working
Groups have warned that what is happeningin Gaza reflects a genocide in the making
and and of that intent to destroythe Palestinian people and our occupation. Israel

(50:42):
has a genocidal intent against the Palestiniansin Gaza that is evident from the way
in which Israel's military attack is beingconducted, which has been described by Miss
Hassim A. S c. Itis systematic in its character and form,

(51:02):
the mass displacement of the population ofGaza headed into areas where they continue to
be killed, and the deliberate creationof conditions that coulte lead to a slow
death unquote. There is also theclear pattern of conduct the targeting of family

(51:24):
homes and civilian infrastructure, laying wasteto vast areas of Gaza, and the
bombing, shelling and sniping of men, women and children where they stand,
the destruction of the health infrastructure,and lack of access to humanitarian assistance,

(51:44):
so much so that as we standtoday, one percent of the Palestinian population
in Gaza has been systematically decimated andone in four Gazens have been injured since
seven October. These two elements aloneare capable of evidencing Israel's genocidal intent in

(52:08):
relation to the whole or part ofthe Palestinian population in Gaza. However,
said, there is an extraordinary featurein this case that Israel's political leaders military
commanders and persons holding official positions havesystematically and in explicit terms declared their genocidal

(52:35):
intent, and these statements are thenreputed by soldiers on the ground in Gaza
as they engage in the destruction ofPalestinians and the physical infrastructure of Gaza.
We show this third element next.Israel's special genocidal intent is rooted in the

(53:00):
belief that, in fact, theenemy is not just the military wing of
Hamas or indeed Hamas generally, butis embedded in the fabric of Palestinian life
in Gaza. On seven October,in a televised address, Israeli Prime Minister

(53:22):
Benjamin Natanyau declared war on Gaza andI coulte Israel had started clearing out the
communities that have been infiltrated by terrorists, and he warned of an unprecedented price
to be paid by the enemy.There are more than two point three million

(53:43):
Palestinians in Gaza. Israel is theoccupying power in control of Gaza. It
controls entry, exit and the internalmovements of inside Gaza and cour Prime Minister
Mister Natania now exercises overall command overthe Israeli Defense Force and in ten the

(54:05):
Palestinians in Gaza. Prime Minister Nataniao, in his address to the Israeli forces
on twenty eight October twenty twenty three, preparing for the invasion of Gaza,
edged the soldiers to remember what Amalekhas done to you. This refers to
the biblical command by God to Saulfor the retired tree destruction of an entire

(54:30):
group of people known as the Amalekites. Put to death men and women,
children and infants, cattle and ship, camels and donkeys, that you aside
an invocation to Amalek was anything butidle. It was reputed by mister Nataiau

(54:55):
in a letter to the Israeli armedforces on three of November twenty twenty three.
Benham President, let the Prime Minister'swords speak for themselves. Has done
to you, says our Holy Bible. And we do remember, and we

(55:16):
are fighting our brave troops and combatantswho are now in Gaza or around Gaza.
And the Deputy Speaker of the KanasatIsrael's parliament has called for the erasure

(55:50):
of the Gaza slip from the faceof the f The Defense Force agrees.
On nine October, the Defense MinisterYoav Gallant gave a situation update to the
army way. He said that asIsrael was imposing a complete siege on Gaza,

(56:13):
there would be no electricity, nofood, no water, no fuel.
Everything would be closed because Israel isfighting human animals. Speaking to troops
on the Gaza border, he instructedthem that he has released all the restraints
and that Gaza won't return to whatit was before. We will eliminate everything.

(56:38):
We will reach all places, eliminateeverything, reach all places without any
restraints. The theme of destruction ofhuman animals was reiterated by an Israeli Army
coordinator of government activities in the territorieson nine October twenty twenty three, who,

(57:00):
in an address to Hamas and theresidents of Gaza, stated that Hermas
has become Isis and that the citizensof Gaza are celebrating instead of being horrified.
He concluded that human animals are dealtwith accordingly. Israel has imposed a
total blockade on Gaza, no electricity, no water, just damage. You

(57:24):
wanted Hell, you will get her. The language of systematic dehumanization is evident
here. Human animals, both Hamasand civilians are condemned. Within the Israeli
cabinet, this is also a widelyheld view. The Minister of Energy and

(57:47):
Infrastructure Israel Katz, called for thedenial of water and fuel as this is
what will happen to a people ofchildren, killers and slaughterers. This admits
of no ambiguity. It means tocreate conditions of death of the Palestinian people
in Gaza. To die is nodeath because of starvation and dehydration, or

(58:15):
to die quickly because of a bombattack or snipers, but to die nevertheless.
In fact, Heritage Minister Amichai Eliausaid that Israel must find ways for
Gazens that are more painful than death. It is no answer to say that

(58:37):
neither are in command of the army. They are ministers in the Israeli government,
They vote in the Knesset and arein a position to shape state policy.
The intent to destroy Gaza has beennatured at the highest levels of state,
as President Isaac Hertzel has joined theranks of those bombs destined for Gaza,

(59:02):
having previously noted that the entire populationin Gaza is responsible and that this
rhetoric about civilians not aware, notinvolved is absolutely not true. We will
fight until we break their backbone.Later attempts by the President and others to

(59:22):
utilize this speech have not altered thesting of his words, which was to
tar all Palestinians as responsible for theactions of Harmas. No, as I
will show below, has it affectedhow state policy is understood within government.

(59:43):
The Minister of National Security repeated thePresident's statements that Harmas and civilians are responsible
in equal measure. On ten Novembertwenty twenty three. In a televised interview.
He stated that when we say thatHarmas should be destroyed, it also
means those who celebrate, those whosupport, and those who hand out candy.

(01:00:07):
They are all terrorists and they shouldalso be destroyed. These are orders
to destroy and to maim what cannotbe destroyed. These statements are not open
to neutral interpretations or after the factrationalizations and reinterpretations by Israel. The statements

(01:00:28):
were made by persons in command ofthe state. They communicated state policy.
It is simple. If the statementswere not intended, they would not have
been made. The genocidal intent behindthese statements is not ambiguous to the Israeli
soldiers on the ground. Indeed,it is directing their actions and objectives.

(01:00:54):
On sevent December twenty twenty three,Israeli soldiers proved that they unders stood the
Prime mister Minister's message to remember whatthe Amalek has done to you as genocida.
They were recorded by journalists dancing andsinging, we know our motto.
They are no uninvolved that they obeyone commandment to wipe off the seed of

(01:01:17):
Amalek. The Prime Minister's invocation ofAmalek is being used by soldiers to justify
the killing of civilians, including children. These are the soldiers reputing the inciting
words of their prime minister. Israelisoldiers in Gaza were filmed dancing, chanting,

(01:02:37):
and singing in November May their villageband may Gaza be erased. There
is now a trend among the soldiersto film themselves committing atrocities against civilians in
Gaza in a form of snuff video. One recorded himself detonating over fifty houses

(01:02:59):
in Sujai Yeah. Other soldiers wererecorded singing, we will destroy all of
kind units and this house? Whowill blow it up? For you?
And for everything you do for us. These are the soldiers putting in to
effect their command. H she wouldnot the joy as all Hello is that

(01:03:35):
oh us money's time morning minus mydame Shan Kilan is the horn Imai.

(01:04:17):
The commanders of the army are alsoof the same mind Israeli I'm a commander,
Yeah you're Ben David has stated thatthe army had done in bath her
Non and did there as Shimuon andLevi did in Nablus, and that the
entire Gaza should resemble bait her Non. Israeli soldier Yeshah Yeshalev published a video

(01:04:44):
against the backrop of the ruins ofwhat was the site of Al Azar University,
with the captain, once upon atime there was a university in Gaza,
and in practice a school for murderersand human animals. Soldiers obviously believe
that this language and their actions areacceptable because the destruction of Palestinian life in

(01:05:11):
Gaza is artitulated state policy. Seniorpolitical and military officials encouraged without censure,
the ninety five year old Israeli i'ma reservist Ezrae Yahin, a veteran of
the Dear Yasin massacre against the Palestiniansin nineteen forty eight, to speak to
the soldiers ahead of the ground invasionin Gaza. In his tom he echoed

(01:05:36):
the same sentiment while being driven aroundin an officially Israeli Amivel dressed in Israeli
amy fatigue. I could be triumphantand finish them off and don't leave anyone
behind. He raise the memory ofthem, He raised them. They are
families, mothers and children. Theseanimals can no longer live. If you

(01:05:59):
have an Arab neighbor, don't wait, go to his home and shoot him.
We want to invade, not likebefore. We want to enter and
destroy what's in front of us anddestroy houses, then destroy the one after
it with all of our forces,complete destruction. Enter and destroy. As
you can see, we will witnessthings we've never dreamed of. Let them

(01:06:25):
drop bombs on them and erase them. As recently as seventh January twenty twenty
four, a video of a soldierwas posted online where he poasts that the
army had destroyed the entire village ofHibbert Azah for two weeks. He said
they had worked hard to bomb thevillage and execute it their mandate. Any

(01:06:49):
suggestion that senior politicians did not meanwhat they said, much less that the
meaning was not understood by soldiers inGaza would be without any merit. The
scale of destruction in Gaza, themass targeting of family homes and civilians,
the war being a war on children, all make clear that genocidal intent is

(01:07:12):
both understood and is being put intopractice. The articulated intent is the destruction
of Palestinian life in all its manifestations. The genocidal rhetoric is also commonplace within
the Israelisnet. Members of the Canasthave repeatedly called for Gaza to be wiped

(01:07:39):
out, flattened, erased, andcrushed on all its inhabitants. They have
deplored anyone feeling sorry for the uninvolvedGasens, asserting repeatedly that they are now
uninvolved, that there are no innocencein Gaza, that the killers of the
women and children should not be separatedfrom the citizens of Gaza, and that

(01:08:01):
the children of Gaza have brought thisupon themselves, and that there should be
one sentence for everyone their death.Finally, the lawmakers have called for mercilessly
bombing from the air, with someadvocating for the use of nuclear doomsday weapons
and a knackba that will overshadow theKnackbar of forty eight. The Prime Minister's

(01:08:29):
genocidal speech has gained ground among someelements of civil society. A famous singer
has repeated mister Natagia was amalk reference, stating that Gaza must be wiped out
and be destroyed. With every amalxSeid. We simply must destroyed all of
Gaza and exterminate everyone who is there. Another has called to erase Gaza,

(01:08:51):
not leave a single person there.Journalists and commentators have announced that the woman
is an enemy, the baby isan enemy, the pregnant woman is an
enemy. That it is necessary toturn the strip into a slaughterhouse, to
demolish every house our souldiers come across, exterminate everyone. The intentional failure of

(01:09:19):
the Government of Israel to condemn,prevent, and punish such genocidal incitement constitutes
in itself a grave violation of theGenocide Convention. We should recall, Madame
President, that in Article one ofthe Convention, Israel confirmed that genocide,

(01:09:45):
whether committed in time of peace orin time of war, is a crime
under international law, and it undertookto prevent and to punish it. As
such, this failure to prevent condemnand punish. Such speech by the government
has served to normalize genocidal rhetoric andextreme danger for Palestinians within Israelis society.

(01:10:12):
As MK Mosha Sada from the LiquidParty has said, the government's own attorneys
share his views that Palestinians in Gazamust be destroyed. I quote, you
go anywhere and they tell you todestroy them. In the kibbutz, they
tell you to destroy them. Myfriends at the State Attorney's office, who

(01:10:35):
fought with me on political issues indebates, said to me, it is
clear that we need to destroy allgusins. Destroy all gusins Israel is a
way of its destruction of Palestinian lifeand infrastructure. Despite this knowledge, it

(01:10:58):
has maintained and indeed intensified its militaryactivity in Gaza as to full awareness.
In the week after seven October,NGOs and the United Nations warned of an
unprecedented humanitarian crisis in Gaza. TheUN stated that actors must allow humanitarian teams

(01:11:20):
and goods to immediately and safely richthe hundreds of thousands of people in need.
So right from the beginning, Israelknew that it was depriving water,
food, electricity, and essentials forsurvivor. It said, so everything is

(01:11:41):
closed. It has known that itwas depriving Palestinians of health care and treatment
for injury in the middle of anunprecedented bombardment of food and water and of
other essentials for survivor. This promptedthe World Health Organization to say, we
are on our knees asking for sustained, scaled up, protected humanitarian operations,

(01:12:09):
appealing to all those in a situationto make a decision or influence decision makers
to give us the humanitarian space toaddress this human catastrophe. Despite this knowledge,
Israel continues to target infrastructure essential forsurvivor, water and sanitation, infrastructure,

(01:12:31):
solar panels, bakeres, meals,crops. It bombs hospitals, decimating
the healthcare system. It targets AIDworkers and the infrastructure of the United Nations.
It is because of the policy ofIsrael that Gaza has become a place

(01:12:53):
of death and despair. In conclusion, Bedam President, many propagators of grave
atrocities have protested that they were misunderstood, that they did not mean what they
said, and that their own wordswere taken out of context. What state

(01:13:15):
would admit to a genocidal intent.Yet the distinctive fature of this case has
not been the silence as such,but the reiteration and the repetition of genocidal
speech throughout every sphere of state inIsrael. We remind the Court of the

(01:13:38):
identity and authority of the genocidal insiders, the Prime Minister, the President,
the Minister of Defense, the Ministerof National Security, the Minister of Energy
and Infrastructure, members of the Kanaset, senior army officials and foot soldiers.

(01:14:00):
Genocidal utterances are therefore not out inthe fringies, they are embodied in state
policy. The intent to destroy isplainly understood by soldiers on the ground.
It is also fully understood by somewithin the Israeli society, with the government

(01:14:21):
facing criticism for allowing in any ageto gather on the basis that it is
recounting on its promise to starve Palestinians. Any suggestion that Israeli officials did not
mean what they said or were notfully understood by soldiers and civilians alike to

(01:14:41):
mean what they said should be rejectedby this Court. The evidence of genocidal
intent is not only chilling, itis also overwhelming. And incontrovertible and in
President, it is now my honorto request you to call mister John Jugo
on the subject of jurisdiction. Ithank mister good Kaitoby, and I now

(01:15:06):
invite Professor John Dugard to take theflour you have the four Professor, Madam

(01:15:32):
President, Distinguished members of the Court, this is a great privilege to appear
before you today on behalf of theRepublic of South Africa. In my speech,
I will address the question of jurisdiction. The people of South Africa and
of Israel both have a history ofsuffering. Both states have become parties to

(01:15:59):
the Genocide Convention in the determination toend suffering in the spirit neither has attached
a reservation to Article nine of theConvention on the Prevention and Punishment of the
Crime of Genocide. It is interms of this Convention, dedicated to saving

(01:16:20):
humanity, that South Africa brings thisdispute before the Court. The Prohibition on
Genocide is a peremptory norm. Obligationsunder the Genocide Convention or ergo omnais obligations
owe to the international community as awhole. States parties to this Convention are

(01:16:45):
obliged not only to desist from genocidalacts, but also to prevent them.
That the obligation of state parties toprevent acts of genocide is the foundation of
the Convention is clear from its placementin Article one of the Convention. Article

(01:17:08):
nine of the Genocide Convention makes itclear that state parties are guardians of the
Genocide Convention. Unlike other treaties designedto protect human rights, it does not
oblige states to pursue negotiations as apredude to approaching this Court. It does

(01:17:30):
not treat the ending of genocidal actsas a bilateral affair between states. Instead,
it envisages a situation in which astate, acting on behalf of the
international community as a whole, seizesthe jurisdiction of the Court as a matter
of urgency to prevent genocide. SouthAfrica the long history of close relations with

(01:17:57):
Israel. For this reason, itdid not bring the dispute immediately to the
attention of the Court. It watchedwith horror as Israel responded to the terrible
atrocities committed against his people on sevenof October with an attack on Geyser that
resulted in the indiscriminate killing of innocentPalestinian civilians, most of whom were women

(01:18:25):
and children. The South African governmentrepeatedly voiced its concerns in the Security Council
and in public statements that Israel's actionshad become genocidal. On ten November,
in a formal diplomatic day, moshIt informed Israel that while it condemned the

(01:18:47):
actions of homos, it wanted theInternational Criminal Court to investigate the leadership of
Israel for international crimes, including genocide, as the court will know the definition
of genocide in the Roman Statute repeatsthat of the Genocide Convention. On seventeen

(01:19:11):
October, South Africa referred to Israel'scommission of the crime of genocide to the
International Criminal Court for quote vigorous investigation. In announcing this decision, President Ramaposa
publicly expressed his abhorrence for what ishappening right now in Gueyso, which is

(01:19:33):
now turned into a concentration camp wheregenocide is taking place. To accuse a
state of committing acts of genocide andto condemn it in such strong language is
a major act on the part ofa state. At this stage, it

(01:19:55):
became clear that there was a seriousdispute. Besteen South Africa and Israel,
which should end only with the endof Israel's genocidal act. South Africa repeated
this accusation at a meeting of Brickson twenty one November and at an emergency

(01:20:17):
special session of the United Nations GeneralAssembly on twelve December. No response from
Israel was forthcoming, none was necessary. By this time, the dispute had
crystallized as a matter of law.This was confirmed by Israel's official and unequivocal

(01:20:40):
denial on six December that it wascommitting genocide in Gayso. However, as
a matter of courtesy, before filingthe present application, on twenty one December,
South Africa Center note for Bole tothe Embassy of Israel to resonate its

(01:21:01):
view that Israel's acts of genocide inGuyser amounted to genocide, that it is
a state party to the Genocide Conventionwas under an obligation to prevent genocide from
being committed. Israel responded by wayof a note vermol that failed to address

(01:21:24):
the issues raised by South Africa inits note and neither affirmed nor denied the
existence of a dispute. This wasemailed later on the twenty seventh of December.
This note was received by the relevantSouth African team on the twenty ninth
of December, after the present applicationwas filed. On four January. South

(01:21:50):
Africa replied to this note for Bowl, highlighting Israel's failure to prevent response to
the matters raised by South Africa overthe previous months. As reiterated in its
note for Bowl, South Africa madea tear that, given Israel's ongoing conduct

(01:22:13):
against Palestinians in Guayza, the disputereferred to in its note for Bowl of
twenty one December remained unresolved and wasplainly not capable of resolution by way of
a bilateral meeting. Nevertheless, SouthAfrica proposed a meeting on five January,

(01:22:34):
again out of courtesy. Israel respondedto this note for Bowl by proposing that
we recollect to coordinate a meeting atthe earliest opportunity after the close of hearings
in the present case. To this, South Africa understandably replied that such a

(01:22:56):
meeting would serve no purpose. Butin president these notes were bold or all
to be found in the Judges folder. The existence of a dispute is a
matter to be determined by an objectivedetermination of the fact as they existed at

(01:23:18):
the time of the filing of theirapplication. At this time, South Africa
had already accused Israel in the SecurityCouncil, the General Assembly, and other
public fora of engaging in genocidal acts. It had conducted a diplomatic demosh on

(01:23:41):
Israel, warning it that it viewedits conduct as genocidal. It had requested
the International Criminal Court to vigorously investigatecrimes under the Genocide Convention committed by Israel
in the guise Strip, and itaccused Israel into Alia of the deliberate targeting

(01:24:03):
of civilians, intentionally causing starvation andimpeding relief supplies. It had accused Israel
leaders of expressing quote the intent ofcommitting genocide. Israel had flatly denied South
Africa's accusations. Despite these harsh accusations, Israel has persisted in his genocide act

(01:24:34):
against the population of Gayza. Whatmore evidence could be required to establish a
dispute. It is precisely because ofa situation of this kind affecting the international
community as a whole, that Articlenine of the Genocide Convention does not require

(01:24:55):
negotiations as a precondition to seizing thejurisdic of the Court. Certainly, a
respondent state cannot prevent a referral tothe Court by claiming that there is no
dispute and that it wants discussions onthis matter. When the existence of the
dispute is clear. For a stateto insist on a time frame for negotiations

(01:25:20):
would simply be a license to commitgenocide and would run counter to the object
and purpose of the Geneva of theGenocide Convention and President. The question of
the crystallization of a dispute has beenaddressed by this Court in preliminary objections at

(01:25:43):
the merit stage, where the burdenof proof is higher. Although the Court
has generally adopted a flexible approach tothe subject, it has laid down a
number of tests for the existence ofa dispute. First, it must be
shown that the claim of one partyis positively opposed by the other. Second,

(01:26:10):
the date for determining the existence ofthe dispute is the date of the
application, but subsequent conduct may beconsidered. Three, whether the dispute exists
must be determined by an objective determinationof the facts. And four, a
dispute exists when it is demonstrated onthe basis of the evidence that the respondent

(01:26:36):
was aware or could not have beenunaware, that its views were positively opposed.
When these propositions are applied to thefacts of this case, it is
incontrovertible that a dispute exists between SouthAfrica and Israel. South Africa strongly believes

(01:27:00):
that what Israel is doing in Guzaamounts the genocide. Israel denies this and
claims that such an accusation is legallyand factually wrong, and moreover, is
obscene. So an objective determination ofthe facts shows that a dispute existed on

(01:27:29):
the date of the submission of SouthAfrica's application, and this has been confirmed
by Israel's subsequent statements and by itscontinuing conduct in Guza. Moreover, Israel
must have been aware from South Africa'spublic statements, the d marsh and the

(01:27:51):
referral of the matter to the InternationalCriminal Court of Israel's genocidal acts, that
a dispute existed between the two states. Madam President, The Court has indicated
that in an application for provisional measures, it is sufficient to show that there

(01:28:15):
is a primar facy basis for jurisdictionit is submitted that South Africa has convincingly
established the existence of a dispute betweenit and Israel over the fulfillment of the
latter's obligations under the Genocide Convention.Finally, it is submitted that regard should

(01:28:44):
be had to the special considerations thatapply to the existence of a dispute an
Article nine of the Genocide Convention betweenthe States that brings an application in furtherance
of its obligation to prevent genocide anda state accused of committing genocide. This

(01:29:05):
concludes my speech. Madam President,I thank you the members of the Court
for your attention. I now askyou to call to the podium Professor Max
to proceed to address you on thenature of the rights requiring protection and the
link between such rights and the andthe measures requested. Thank you, I

(01:29:31):
thank you, Professor Dugard. BeforeI give the floor to the next speaker,
the Court will observe a copy breakof ten minutes sitting as a drunk

(01:29:54):
Yeah u U ey I fool,please be seated. The sitting is resumed.

(01:51:13):
I now go the floor to ProfessorMax d Press. You had the
four Professor, Madam President, Distinguishedmembers of the Court it is a privilege
to appear before you. It's trulymy honor to represent South Africa in these

(01:51:34):
proceedings. I will be focusing onthe nature of the rights that South Africa
seeks to preserve through its application,and the link between such rights and the
measures requested, as well established inthe Court's jurisprudence and most recently in this
Court's decision in the Gambia case.For the Court to exercise its power to

(01:51:58):
indicate provisional measures, the rights claimedby South Africa on the merits and for
which it is seeking protection must beat least plausible. This threshold does not
require the Court to determine definitively whetherthe rights which South Africa wishes to see
protected exist. Rather, the rightsasserted must merely be grounded in a possible

(01:52:25):
interpretation of the Convention, and theCourt must be concerned to preserve by such
measures the rights which may subsequently beadjudged by it to belong to either party.
Palestinians in Gaza, as a verysubstantial and important part of the Palestinian
national, racial and ethnical group,simply but profoundly are entitled to exist as

(01:52:51):
South Africa's Ambassador pointed out in openingto situate the right to exist and the
threats to that right requires the Courtto appreciate that this application by South Africa
is brought within a particular context.What is happening in Gaza now is not

(01:53:11):
correctly framed as a simple conflict betweentwo parties. It entails instead destructive acts
perpetrated by an occupying power, Israel, that has subjected the Palestinian people to
an oppressive and prolonged violation of theirrights to self determination for more than half

(01:53:32):
a century. And those violations occurin a world where Israel four years has
regarded itself as beyond and above thelaw. As the UN Special Rapport here
on the occupied Palestinian territory is explainedin twenty twenty two and are quote the

(01:53:54):
occupation by Israel has been conducted inprofound defiance of international law and hundreds of
United Nations resolutions, with scant pushbackfrom the international community. That context is
important, as South Africa may clearin its application, where the international community
has failed Palestinians for so long anddesprite Israel's willfall defiance of Palestinians' rights,

(01:54:20):
South Africa turns to this Court seekingto protect the core rights of Palestinians in
Gaza to be protected from acts ofgenocide, attempted genocide, direct and public
incitement to genocide, and complicity inand conspiracy to commit to genocide. As
the Court knows, the Convention prohibitsthe destruction of a group or part of

(01:54:44):
that group, including through killing,causing serious bodily and mental harm, and
inflicting conditions of life calculated to bringabout the group's physical destruction. Through these
core rights, the Convention further protectsthe rights of its members to life and
physical and mental integrity. Palestinians inGaza, women, men, children,

(01:55:08):
because of their membership in a group, are protected by the Convention, as
is the group itself, and thecore rights are violated and threatened by a
remarkable set of facts outlined by mycolleagues and set out in detail in South
Africa's application, with supporting evidence inthe speeches to this Court today. South

(01:55:32):
Africa has chosen, as you've heard, to avoid the showing of graphic videos
and photos. It is decided againstturning this Court into a theater for spectacle.
It knows, as well as yourexcellencies, the temptation for both sides
in a dispute to parade pictures toshock, but South Africa's application in those

(01:55:53):
court today is built on a foundationof clear legal rights, not images.
The detailed material before the Court ismarshaled to show a case for provisional measures
based firmly on this Court's prior decisions, and South Africa advances its case on
the basis that Palestinian's rights are equallyas worthy of protection on the unprecedented evidence

(01:56:19):
before you as those of the victimgroups that this honorable Court has previously protected
by its issuance of provisional measures inthe past. The material confirms the rights
and issue and their violation that Israelhas committed and is committing, acts capable
of being characterized as genocidal. Youhave heard from Assassim about direct extermination of

(01:56:45):
thousands of people and children of thePalestinian population in Gaza since seven October last
year, and South Africa and theworld together stand witness to the forced evacuation
of over eight percent of the populationof Gaza from their homes and the herding
of them into ever smaller areas withoutadequate shelter or medical care to be attacked,

(01:57:10):
killed and harmed. So the rightsare immediately and urgently in need of
protection because of the ongoing denial byIsrael of the condition's necessary for life.
It is difficult with respect to thinkof a clearer or more abundantly urgent case,

(01:57:30):
Areth Is saying, the chief economistat the United Nations World Food Program
chillingly warned a week ago on thethird of January, and I quote,
I've been doing this, he said, for the past two decades. And
I've been to all kinds of conflictsand all kinds of crises. And for
me, this the situation in Gazais unprecedented because of one the magnitude the

(01:57:59):
scale the entire population of a particularplace, second the severity, and third
the speed at which this is happening. At which this has unfolded is unprecedented,
he concluded. In my life,I've never seen anything like this in
terms of severity, in terms ofscale, and then in terms of speed.

(01:58:27):
Madame President Esteem judges the core rightson the evidence provided by South Africa
and its application are demonstrably being violated. Multiple further statements by UN bodies and
experts, as well as various experthuman rights organizations and institutions and states,

(01:58:47):
all of which is set out inSouth Africa's application, confirm as much they
collectively have considered the acts committed byIsrael to be genocidal or at the very
least war that the Palestinian people areat risk of genocide. Since the application
was initiated, further states thirteen todate, including the Arab League and the

(01:59:11):
Organization of Islamic Cooperation representing fifty sevenstates, as well as other experts,
have expressed their support for the case, thereby underlining the plausibility of South Africa's
claim for provisional measures. For thepurposes of the indication of provisional measures,
the rights asserted by South Africa underthe Genocide Convention and their protection corresponds with

(01:59:38):
the very object and purpose of theConvention. Based on the materials before the
Court, the acts by Israel complainedof are capable of being characterized as at
least plausibly genocidal. As mister inMonquittobi has explicated, the evidence of the
specific genocidal intent is clear from thestatements by Israeli government officials and soldiers towards

(02:00:02):
Palestinians in Gaza, and which maybe characterized as at the very least plausibly
genocidal. This at least plausible genocidalintent can also be deduced from the pattern
of conduct against Palestinians in Gaza.It is also, again at the very

(02:00:23):
least plausible, that Israel has failedto prevent or to punish genocide, conspiracy
to commit genocide, direct and publicincitement to genocide, attempted genocide, and
complicity in genocide. And it isfurther plausible that South Africa has an obligation

(02:00:43):
to prevent genocide, including by takingall reasonable measures within its powers to influence
effectively the actions of persons perpetrating andlikely to commit genocide or engaging in direct
or public incitement to genocide. Solet me be clear, South Africa's obligation
is motivated by the need to protectPalestinians in Gaza and their absolute rights not

(02:01:08):
to be subjected to genocidal acts.Notwithstanding the incontestably serious nature of the allegations
against Israel, the Court should notbe required before granting provisional measures to ascertain
whether the existence of a genocidal intentis the only plausible inference to be drawn
from the material before it that wouldamount to the court making a determination on

(02:01:31):
the merits. Moreover, South Africahas stressed that any motive or effort by
Israel to destroy Hamas does not precludegenocidal intent by Israel towards the whole or
part of the Palestinian people in Gaza. Evidence of other motives explaining its conduct

(02:01:54):
as a perpetrator will not save Israelfrom a finding that it also possessed the
requisite genocidal intent. And because ofa fundamental feature of genocide, namely that
the prohibitions on genocide and associated defensesare used cogans in nature, they are
subject therefore to no exceptional qualification.They are absolute in nature in times of

(02:02:19):
war and peace, always and everywhere. Furthermore, the fact that their alleged
acts may also be characterized as crimesother than genocide should not exclude the plausible
inference of the existence of genocidal intent. As the UN Sectorary Generalist stated,
the prevention of genocide is intrinsically connectedto preventing crimes against humanity and war crimes,

(02:02:44):
as these crimes tend to occur concurrentlyin the same situation, rather than
as isolated events. Consequently, hesaid, initiatives aimed at preventing one of
the crimes will in most circumstances alsocover the others, and as also though
set out in the ILC Articles onState Responsibility, the wrongful act of genocide

(02:03:04):
is generally made up of a seriesof acts which are themselves internationally wrongful.
Mana President Honorable Members of the Court, South Africa's claims that's concerned in the
first place its own obligations as astate party to the Genocide Convention to act
to prevent and punish genocide. Inthe application, South Africa has stressed that

(02:03:29):
it is acutely aware of its ownobligation as a state party to a convention
to prevent genocide. Indeed, thisCourt is recognized the universal character both of
the condemnation of genocide and of thecorporation required in order to liberate mankind from
such an odious scourge. As theprohibition of genocide is assuredly a peremptory norm

(02:03:49):
of international law or use cogance,it is crucial that states pursue their interest
under the Convention in ensuring acts ofgenocide are prevented. Additionally, due to
the special characteristics of the Genocide Convention, the respondent State owes this duty not
only to the Palestinian people, butto all states parties to the Genocide Convention,

(02:04:11):
including South Africa. This has beenemphasized repeatedly by this Court, and
most recently in the Gambia case,where the Court held, and are quote,
all the states parties to the GenocideConvention have a common interest to ensure
that acts of genocide are prevented andthat if they occur, their authors do
not enjoy impunity. That common interest, said, the Court implies that the

(02:04:35):
obligations in question are owed by anystate party to all the other states parties
to the Convention. Similarly, theCourt has reiterated that in such a convention,
the contracting states do not have anyinterests of their own. They merely
have one and all a common interest, namely the accomplishment of those high purposes

(02:04:59):
which are the raison d'etre of theConvention. Accordingly, any state party to
the Genocide Convention, and not onlya specially affected state, may invoke the
responsibility of another state party with aview to ascertaining the alleged failure to comply
with its obligations ergo Omne's parties,and to bring that failure to an end

(02:05:24):
that means that South Africa is assertingboth a collective and an individual right.
It is thus beyond doubts that SouthAfrica is entitled to invoke the responsibility of
Israel under the Genocide Convention through SouthAfrica's interest in the common interest, and
as a state party to the GenocideConvention itself, it is entitled to safeguard

(02:05:45):
compliance with that instrument. As ithas been explained, the events unfolding in
Gaza at the hands of the Israeliforces are frighteningly unprecedented. Yet what this
Court is being asked to do inthese press interdicting genocidal acts on an interim
basis is sadly, by no meansnovel. In relation to genocide. The

(02:06:10):
Court has indicated provisional measures in analogouscircumstances to these in the Gambia case,
whereas here the States sought provisional measureson the basis of the ergo omnise right
that the Genocide Convention be complied withalso in respective genocide. The Court did
the same in the Bosnia and Ukrainecases, and most recently, this Court

(02:06:32):
further accepted the erger omnes character ofparties rights in relation to the Torture Convention.
So South Africa respectfully contends that inthis case, the rights of the
Palestinians in Gaza are no less worthyof this Court's considerable protective power under Article
forty one to issue provisional measures.This Court cannot but find, as it

(02:06:56):
did in the Gambia case, wherethis Court held that there is a correlation
between the rights of members of groupsprotected under the Genocide Convention, the obligations
incumbent on states parties there too,and the right of any state party to
see compliance therewith by another state party. South Africa's request therefore complies with Article

(02:07:17):
forty one of this Court Statute andengages the power of this Court to preserve
by such measures the rights which maysubsequently be adjudged by it to belong to
either party. South Africa requests thisCourt to discharge that critical protective power,
and South Africa does so by virtueof its own clear right and solemn obligations

(02:07:41):
held towards the international community as awhole. For the Court indicate one or
more provisional measures, there must alsobe a link between the rights, the
protection of which is sought and theprovisional measure being requested. Such a link
manifestly exists, we say, betweenthe rights claimed by South Africa in its
application and the provisional measures requested,which are directly linked to the rights which

(02:08:05):
form the subject matter of the dispute. The provisional measures sought therefore ensure the
protection of rights which might ultimately formthe basis of a judgment in the exercise
of the Court jurisdiction. In duecourse, the rights at stake in these
proceedings are certainly at least plausible groundedin a possible interpretation of the Convention,

(02:08:31):
and as the Convention imposes on partiesthe obligation to prevent and punish genocide under
Article one, and in doing so, intends to protect groups and parts of
groups from genocide. The Convention wasdesigned to protect both states, parties and
human groups. When acts in breachof the Convention are perpetrated, it is

(02:08:52):
the fundamental rights of people and therelevant group that are violated. Those fundamental
rights of Palestinians in Gaza would bethe subject of any judgment by this Court
on the merits, Madam President,Members of the Court to find otherwise will
not only be to treat Palestinians differentlyas less worthy of protection than others.

(02:09:13):
It would also be for the Courtto unduly limit its own competence, to
turn its back upon its extensive priortourisprudence, and to close its eyes to
the breach of the rights which lieat the heart of the Convention and which
breaches are taking place in Gaza rightnow. As I close, Madam President,

(02:09:35):
I'll ask you now to calls NegraliKC to the podium, who will
address you on a risk of furthergenocidal acts, the risk of a repel
harm and urgency and I thank youfor your attention. I thank Professor du
Plassy, and I now invite thisGlenny Negraali to take the floor. You

(02:09:58):
have the floor, Madam Madame laPrez, Madame President, Members of the
Court. It is a great honorfor me to appear before the Court once
again. It is also both aprivilege and a weighty responsibility for me to

(02:10:20):
represent South Africa in this case ofsuch severe gravity. It is my task
to examine the urgency and the riskof irreparable harm to the rights claimed.
The final two conditions to be metfor the Court to indicate provisional measures.

(02:10:43):
Before that, I should like toaddress South Africa's sincere apologies to the Francophone
members of the Court for not havingmade any of its submissions in French.
South Africa would ask you not toregard this as a lack of courtesy on
its part. If you will allow, I shall now continue my pleadings in

(02:11:05):
English, Madam President, Members ofthe Court, there is an urgent need
for provisional measures to protect Palestinians inGaza from the irreparable prejudice caused by Israel's
violations of the Genocide Convention. TheUnited Nations Secretary General and its chiefs describe

(02:11:28):
the situation in Gaza variously as acrisis of humanity, a living hell,
a blood bath, a situation ofutter, deepening and unmatched horror where an
entire population is besieged and under attack, denied access to the essentials for survival

(02:11:50):
on a massive scale. As theUnited Nations Under Secretary General for Humanitarian Affairs
stated last Friday and I quote,Gaza has become a place of death and
despair. Families are sleeping in theopen as temperature's plummet areas where civilians were

(02:12:11):
told to relocate for their safety,have come under relentless bombardment. Medical facilities
are under relentless attack. The fewhospitals that are partially functional are overwhelmed with
trauma cases, critically short of allsupplies, and inundated by desperate people seeking
safety. A public health disaster isunfolding. Infectious diseases are spreading in overcrowded

(02:12:39):
shelters as sewers spill over. Someone hundred and eighty women are giving birth
daily. Amidst this chaos, peopleare facing the highest levels of pud insecurity
ever recorded. Famine is around thecorner. For children in particular, the

(02:13:01):
last twelve weeks have been traumatic.No food, no water, no school,
nothing but the terrifying sounds of warday in and day out. Gaza
has simply become uninhabitable. Its peopleare witnessing daily threats to their very existence

(02:13:22):
while the world watches on end quote. The Court has heard of the horrific
death toll and of the more thanseven thousand Palestinian men, women and children
reported missing, presumed dead or dyingslow excruciating deaths trapped under the rubble.

(02:13:43):
Reports of field executions and torture andill treatment are mounting. As are images
of decomposing bodies of Palestinian men,women and children left unburied where they were
killed, some being picked upon byanimals. It is becoming ever clearer that
huge swathes of Gaza, entire towns, villages, refugee camps, are being

(02:14:07):
wiped from the map. As youhave heard, but it bears repeating.
According to the World Food Program,four out of five people in the world
in famine or a catastrophic type ofhunger are in Gaza right now. Indeed,
experts warned that deaths from starvation anddisease risk significantly outstripping deaths from bombings.

(02:14:35):
The daily statistics stand as clear evidenceof the urgency and of the irreparable
prejudice. On the basis of thecurrent figures, on average, two hundred
and forty seven Palestinians are being killedand are at risk of being killed each
day, many of them literally blownto pieces. They include forty eight mothers

(02:15:03):
each day, two every hour,and over one hundred and seventeen children each
day, leading UNICEF to call Israel'sactions a war on children. On current
rates which show no sign of abating, each day, over three medics,
two teachers, more than one UnitedNations employee and more than one journalist will

(02:15:30):
be killed, many while at workor in what appear to be targeted attacks
on their family homes or where theyare sheltering. The risk of famine will
increase each day. Each day,an average of six hundred and twenty nine
people will be wounded, some multipletimes over as they move from place to

(02:15:50):
place desperately seeking sanctuary. Each day, over ten Palestinian children will have one
or both legs amputated, many withoutan esthetic. Each day, on current
rates, an average of three thousand, nine hundred Palestinian homes will be damaged

(02:16:13):
or destroyed. More mass graves willbe dug, more cemeteries will be bulldozed
and bombed, and courts is violentlyexhumed, denying even the dead any dignity
or peace. Each day, ambulances, hospitals, and medics will continue to
be attacked and killed. The firstresponders, who have spent three months without

(02:16:37):
international assistance trying to dig families outof the rubble with their bare hands will
continue to be targeted. On currentfigures, one will be killed almost every
second day, sometimes in attacks launchedagainst those attending the scene to rescue the
wounded. Each day, yet moredesperate people will be forced to relocate from

(02:17:01):
where they are sheltering, or willbe bombed in places where they have been
told to evacuate to Entire multi generationalfamilies will be obliterated, and yet more
Palestinian children will become wc NSF WoundedChild, no Surviving Family, the terrible

(02:17:26):
new acronym born out of Israel's genocidalassault on the Palestinian population in Gaza.
There is an urgent need for provisionalmeasures to prevent imminent, irreparable prejudice to
the rights and issue in this case. There could not be a clearer or
more compelling case. In the wordsof the Commissioner General of the United Nations

(02:17:48):
Relief and Works Agency, there mustbe an end to the decimation of Gaza
and of its people. Turning tothe Court's case law, as the Court
has recently reaffirmed and I quote,the condition of urgency is met when act
susceptible of causing irreparable prejudice can occurat any moment before the Court makes a

(02:18:13):
final decision on the case end quote. That is precisely the situation here.
Any of those matters to which Ihave referred, can and are occurring at
any moment. United Nations Security Councilresolutions demanding quote the immediate safe, unhindered

(02:18:33):
delivery of humanitarian assistance at scale throughoutGaza and full rapid, safe and unhindered
humanitarian access end quote remain unimplemented.United Nations General Assembly resolutions calling for a
humanitarian ceasefire have been ignored. Thesituation could not be more urgent, since

(02:18:58):
these proceedings were initiated on the twentyninth of December twenty twenty three alone,
and estimated over one thousand, sevenhundred and three Palestinians have been killed in
Gaza and over three thousand, twohundred and fifty two injured. As to
the criterion of irreparable prejudice, fordecades now, the Court has repeatedly found

(02:19:22):
it to be satisfied in situations whereserious risks arise to human life or to
other fundamental rights. In the casesof Georgia, Russia and Armenia Azerbaijan,
the Court ordered provisional measures having founda serious risk of irreparable prejudice where hundreds
of thousands of people had been forcedfrom their homes in ordering provisional measures.

(02:19:48):
In the latter case, the courtnoted the context of I quote the longstanding
exposure of the population to a situationof vulnerability, including hindrances to the importation
of essential goods, causing shortages offood, medicine, and other life saving
medical supplies. In Gaza, asyou have heard, nearly two million people

(02:20:13):
over eighty five percent of the populationhave been repeatedly forced to flee their homes
and shelters, not just once ortwice, but some three, four or
more times over into shrinking slivers ofland where they continue to be bombed and
killed. This is a population thatIsrael had already made vulnerable through thirteen through

(02:20:39):
sixteen years of military blockade and cripplingdedevelopment. Today, Israel's hindrances to the
import of food and essentral items havebrought Gaza to the brink of famine,
with adults, mothers, fathers,grandparents regularly foregoing food for the day so

(02:21:01):
that children can eat at least something. Medicine shortages and the lack of medical
treatment, clean water, and electricityare so great that large numbers of Palestinians
are dying are at imminent risk ofdying. Preventable deaths, cancer and other
services have long shut down. Womenare undergoing cesarean sections without anesthetic in barely

(02:21:28):
functioning hospitals, described as scenes froma horror movie, with many undergoing otherwise
unnecessary hysterectomies in an attempt to savetheir lives. In the Canada Syria torture
case, the court made clear thati quote, individuals subject to torture and

(02:21:50):
other acts of cruel, inhuman ordegrading treatment or punishment are at seer's risk
of irreparable prejudice. Palestinians in Gazaare also at risk of such irreparable prejudice,
with videos of Palestinian boys and menrounded up and stripped and degraded broadcast
to the world, alongside footage ofserious bodily harm and accouncil serious mental harm

(02:22:16):
and humiliation. In Katar, UnitedArab Emirates, the Court considered provisional measures
to be justified having regard to therisk of irreparable prejudice deriving from factors such
as people being forced to leave theirplaces of residence without the possibility of return,
the psychological distress of temporary or potentiallyongoing separation from their families and the

(02:22:41):
harm associated with students being prevented fromtaking their exams. If provisional measures were
justified there, how could they notbe in Gaza, where countless families have
been separated, with some family membersevacuating under Israeli military orders and others staying

(02:23:01):
behind at extreme risk to care forthe wounded, infirm and the elderly,
where husbands, fathers and sons arebeing rounded up and separated from their families,
taken to unknown locations for indeterminate periodsof time. In the Catar case,
the court issued a provisional order whereharmed to approximately one hundred and fifty

(02:23:26):
students was an issue. In Gaza, six hundred and twenty five thousand school
children have not attended school for threemonths, with the United Nations Security Council
expressing deep concern I quote that thedisruption of access to education has a dramatic

(02:23:46):
impact on children and that conflict haslifelong effects on their physical and mental health.
Almost ninety thousand Palestinian university students cannotattend at university in Gaza, Over
sixty percent of schools, almost alluniversities, and countless bookshops and libraries have

(02:24:07):
been damaged or destroyed, and hundredsof teachers and academics have been killed,
including deans of universities and leading Palestinianscholars, obliterating the very prospects for the
future education of Gaz's children and youngpeople. Notably, the Court has found

(02:24:30):
provisional measures to be justified in allthree cases where they were previously sought in
relation to violations of the Genocide Convention. It did so in Bosnia and Serbia
in nineteen ninety three, finding onthe basis of evidence that was certainly no
more compelling than that was presently beforethe Court, that it was sufficient to

(02:24:50):
determine that there was and I quotea grave risk of acts of genocide being
committed. The Court found provisional measuresto be justic in the Gambia Myanmar case
on the basis of a risk ofirreparable prejudice to the Rhingia subject to quote
math killings as well as beatings,the detention of villages and homes, denial

(02:25:11):
of access to food, shelter,and other essentials of life. More recently,
in indicating provisional measures in Ukraine Russia, the Court considered that Russia's military
activities had quote resulted in numerous civiliandeaths and injuries, and caused significant material
damage, including the destruction of buildingsand infrastructure end quote, giving rise to

(02:25:37):
a risk of irreparable prejudice. TheCourt had regard to the fact that quote
attacks are ongoing and are creating increasinglydifficult living conditions for the civilian population end
quote, which it considered to beextremely vulnerable. The Court also considered the

(02:25:58):
fact that a quote many persons haveno access to the most basic food stuffs,
potable water, electricity, essential medicinesor heating, and that many were
attempting to flee under extremely insecure conditions. This is occurring in Gaza on a
much more intensive scale to a besieged, trapped, terrified population that has nowhere

(02:26:26):
safe to go. Lest the countrybe suggested, it is clear from Ukraine
Russia that the fact that the urgentrisk of irreparable harm arises in a situation
of armed conflict does not undermine,much less preclude a request for provisional measures.
That's also clear from the court's otherjudgments. So in the case of

(02:26:50):
armed activities on the territory of theCongo, for example, the Court ordered
provisional measure is based on its findingthat quote persons, assets and resources present
on the territory of the Congo,particularly in the area of conflict, remain
extremely vulnerable, and that there wasa serious risk that writes that issue in

(02:27:11):
the case may suffer irreparable prejudice endquote. Similarly, in Costa Rican Nicaragua,
the Court indicated provisional measures in parton the basis that the presence of
troops in the disputed territory gave risea quote to a real and present risk
of incidents liable to cause irremediable harmin the form of bodily injury or death

(02:27:39):
end quote. In relation to theGenocide Convention, in particular, the Court
recalled in Gambia Myanmar that quote statesparties expressly confirmed their willingness to consider genocide
as a crime under international law,which they must prevent and punish, independently

(02:28:01):
of the context of peace or ofwar in which it takes place end quote.
More recently, in the case ofGuyana, Venezuela, the Court considered
that the seer's risk of Venezuela quoteacquiring and exercising control and administration of the
territory in dispute end quote gave riseto a risk of irreparable prejudice to the

(02:28:26):
rights asserted in the case. Similarfactors are an issue here having regard to
the territorial ambitions and settlement plans forGaza being raised by members of the Israeli
government, and the relationship of thosefactors to the very survival of Palestinians in
Gaza. As such, Similarly,any scaling up by Israel of access of

(02:28:54):
humanitarian leaf to Gaza in response tothese proceedings or otherwise would be no answer
to at South Africa's request for provisionalmeasures. In the case of Iran,
United States, the Court found arisk of irreparable harm from the exposure of
individuals to danger to health and lifecaused by restrictions placed on medicines and medical

(02:29:18):
devices, foodstuffs, and other goodsrequired for humanitarian needs. That was notwithstanding
the assurances offered by the United Statesfor it to expedite the consideration of humanitarian
issues, and notwithstanding the fact thatessentials were in any event exempt from the

(02:29:39):
United States sanctions. The Court consideredthat the assurances were i quote not adequate
to address fully the humanitarian and safetyconcerns raised, and that there remained a
risk that measures adopted by the UnitedStates may entail irreparable consequences. In Armenia

(02:30:03):
Azerbaijan, unilateral undertakings to alleviate restrictionsalongside the full resumption of humanitarian and commercial
deliveries did not defeat a request forthe indication of provisional measures. The Court
was clear that while contributing quote towardsmitigating the imminent risk of irreparable prejudice resulting

(02:30:26):
from the military operation, those developmentsdid not remove the risk entirely. Indeed,
in Georgia Russia, the Court madeclear that it considers a serious risk
to subsist where quote, the situationis unstable and could rapidly change. The
Court considered quote given the ongoing tensionand the absence of an overall settlement to

(02:30:52):
the conflict. In this region,populations also remain vulnerable. End Israel continues
to deny that it is responsible forthe humanitarian crist it has created, even
as Gaza starves. The aid ithas belatedly begun to allow in is wholly

(02:31:16):
inadequate and does not come anywhere closeto the average five hundred trucks being permitted
daily before October. Before October twentytwenty three. Even under the blockade,
any unilateral undertakings Israel might seek togive about future aid would not remove the

(02:31:37):
risk of irreparable prejudice, not leastconsidering Israel's past and current conduct towards the
Palestinian people, including the sixteen yearsof brutal siege on Gaza. In any
event, as the United Nations SecretaryGeneral has made absolutely clear, it is
a mistake to measure the effectiveness ofthe humanitarian operation in Gather based on the

(02:32:05):
number of trucks allowed in. Ashe stressed, i quote, the real
problem is that the way Israel isconducting this offensive means that the conditions for
the effective delivery of humanitarian aid nolonger exist. That would require security staff

(02:32:26):
who can work in safety, logisticalcapacity, and the resumption of commercial activity.
It requires electricity and steady communications.All of these remain absent end quote.
Indeed, only shortly after Israel openedthe Ceremsalom crossing to Goods in late

(02:32:48):
December twenty twenty three, it wasstruck in a drone attack, killing five
Palestinians and leading to another temporary closure. Nowhere and no is safe. As
the United Nations Secretary General and allits chiefs have made clear, without a

(02:33:09):
halt to Israel's military operations, crossings, aid convoys, and humanitarian workers,
like everyone and everything else in Gaza, remain at imminent risk of further irreparable
prejudice. An unprecedented one hundred andforty eight United Nations staff have been killed

(02:33:31):
to date. Without a halt toIsrael's military activity in Gaza, there will
be no end to the extreme situationfacing Palestinian civilians, Madam President, Members
of the Court. If the indicationof provisional measures was justified on the facts
in those cases I have cited,how could it not be here in a

(02:33:56):
situation of much greater severity, wherethe risk of irreparable harm is so much
greater. How could they not bejustified in a situation that humanitarian veterans from
crises spent spanning as far back asthe killing fields of Cambodia, people who,

(02:34:16):
in the words of the United NationsSecretary General, have seen everything.
If they say it is so utterlyunprecedented that they are out of words to
describe it, it would be acomplete departure from the long and established line
of jurisprudence that this Court has firmlyestablished and recently reconfirmed for the Court not

(02:34:41):
to order provisional measures in this case. The imminent risk of death, harm
and destruction that Palestinians in Gaza facedtoday, and that they risk every day
during the pendency of these proceedings,on any view, justifies, indeed compel
the indication of provisional measures. Somemight say that the very reputation of international

(02:35:09):
law, its ability and willingness tobind and to protect all people equally,
hangs in the balance. But theGenocide Convention is about much more than legal
precedent. It is also fundamentally aboutthe confirmation and endorsement of elementary principles of

(02:35:31):
morality. The Court recalled the nineteenforty six General Assembly Resolution on the Crime
of Genocide, which make clear that, i quote, genocide is a denial
of the right of existence of entirehuman groups, as homicide is the denial
of the right to live of individualhuman beings. Such denial of the right

(02:35:52):
of existence shocks the conscience of mankind, results in great losses to humanity in
the form of cultural and other contributionsrepresented by these human groups, and is
contrary to moral law and to thespirit and aims of the United Nations.

(02:36:13):
Notwithstanding the Genocide Convention's recognition of theneed to rid the world of the odious
scourge of genocide, the international communityhas repeatedly failed. It failed to the
people of Rwanda. It had failedthe Bosnian people and the Rohingia, prompting
this Court to take action. Itfailed again by ignoring the early warnings of

(02:36:35):
the grave risk of genocide to thePalestinian people sounded by international experts since nineteenth
of October of last year. Theinternational community continues to fail the Palestinian people,
despite the overt dehumanizing, genocidal rhetoricby Israeli governmental and military officials,

(02:36:58):
matched by the Israeli armies actions onthe ground, despite the horror of the
genocide against the Palestinian people being livestreamed from Gaza to our mobile phones,
computers, and television screens. Thefirst genocide in history where its victims are

(02:37:18):
broadcasting their own destruction in real time, in the desperate, so far vain
hope that the world might do something, Gaza represents nothing short of a moral
failure. As described by the universeusually circumspect International Committee of the Red Cross,

(02:37:41):
as underscored by United Nations chiefs,that failure has I quote, repercussions
not just for the people of Gaza, but for the generations to come,
who will never forget these over ninetydays of hell and assaults on the most
basic precept of humanity. As statedby a United Nations spokesperson in Gaza last

(02:38:05):
week at the site of a hospitalclearly marked with a symbol of the Red
Present, where five Palestinians, includinga five day old baby, had just
been killed, the world should beabsolutely horrified. The world should be absolutely
outraged. There is no safe spacein Gaza, and the world should be

(02:38:30):
ashamed. Madam President, Members ofthe Court. In conclusion, I share
with you two photographs. The firstis of a white board at a hospital
in northern Gaza, one of themany Palestinian hospitals targeted, besieged, and

(02:38:52):
bombed by Israel over the course ofthe past three brutal months. The white
board is white, clean of nolonger possible things surgical cases, leaving only
a handwritten message by a med SaintSan Francier doctor which reads we did what
we could remember us. The secondphotograph is of the same whiteboard after an

(02:39:16):
Israeli strike on the hospital on thetwenty first of November that killed the author
of the message, doctor Mahmoud Abunujala, along with two of his colleagues.
Just over a month later, ina powerful sermon delivered from a church in
Bethlehem on Christmas Day. The sameday, Israel had killed two hundred and

(02:39:39):
fifty Palestinians, including at least eightysix people, many from the same family,
massacred in a single strike on Macgazzirefugee camp. Palestinian pastor mundr Isak
addressed his congregation and the world,and he said, and I quote,

(02:40:00):
Gaza as we know it no longerexists. This is an annihilation, this
is a genocide. We will rise. We will stand up again from the
midst of destruction, as we havealways done as Palestinians. Though this is
by far, maybe the biggest blowwe have received. But he said,

(02:40:22):
no apologies will be accepted after thegenocide. What has been done has been
done. I want you to lookin the mirror and ask where was I
when Gaza was going through a genocide. South Africa is here before this court

(02:40:43):
in the Peace Palace. It hasdone what it could it is doing what
it can by initiating these proceedings byseeking interim measures against itself as well as
against Israel. Africa now respectfully andhumbly calls on this honorable Court to do

(02:41:05):
what is in its power to doto indicate the provisional measures that are so
urgently required to prevent further irreparable harmto the Palestinian people in Gaza, whose
hopes, including for their very survival, are now vested in this court.

(02:41:26):
Madame La Madame President, Members ofthe Court, I should like to thank
you for your kind attention. Iask that you call Professor Lowe case to
the podium now to describe the provisionalmeasures sought by South Africa on behalf of

(02:41:48):
the Palestinian people. I think MissNORALI and they now invite Professor von Lowe
to address the court. You havethe poor Professor. I think when a

(02:42:16):
president members of the Court, it'sa privilege to appear before you, and
an honor to do so on behalfof the Republic of South Africa. This
case is brought under Article nine ofthe Genocide Convention, which entitles any contracting
party to the Convention to submit tothe Court disputes relating to the interpretation,

(02:42:39):
application, or fulfillment of the Convention. The Court does not at this stage
have to determine whether or not Israelhas or has not acted contrary to its
obligations under the Genocide Convention. Thatcan only be done at the merit stage.
It's concerned now only with the questionof what provisional measures are required pending

(02:43:03):
the Court's final decision on the merits. The Court's jurisprudence points to five requirements
for the ordering of provisional measures.The first is that there should be prima
facie jurisdiction, and that was addressedby Professor dugard The second is that there

(02:43:24):
should be a link between the measuresrequested and the rights underlying the main claim.
This requirement is plainly satisfied. Themeasures request an order that Israel does
not violate the very rights secured bythe Genocide Convention, has set out in

(02:43:46):
South Africa's application. The third isthe plausibility of the rights that are claimed.
Professor Duplessi explained that this is clearlysatisfied. The rights claimed are the
very core of the Convention, notablythe right not to be killed or seriously

(02:44:09):
harmed and the right of the groupnot to be physically destroyed. Fourth,
and fifth, there must be arisk of irreparable prejudice capable of arising prior
to the final determination of the dispute, and there must be urgency. Miss

(02:44:31):
Ne Grawley addressed those points. Israelhas for over three months been mounting a
continuous siege and bombardment of Gaza ofa ferocity and duration that can only be
seen as an attempt to destroy Gazaand its citizens, and it is publicly

(02:44:54):
asserting that it will continue to doso. You are aware of the scale
of the death and the scale ofthe destruction, and it is continuing at
this very minute. The Court hassaid that quote, a state's obligation to

(02:45:18):
prevent genocide and the corresponding duty toact arise at the instant that the state
learns of or should normally have learnedof, the existence of a serious risk
that genocide will be committed. Fromthat moment onwards. If a state has

(02:45:43):
available to it means likely to havea deterrent effect on those suspected of preparing
genocide or reasonably suspected of harboring specificintent, it is under a duty to
make such use of those means asthe circumstances permit, and that is what

(02:46:07):
South Africa has done by making thisapplication. In cases such as LaGrande Avana
Jadav, this Court has exercised itspower to order provisional measures HAV in regard
to the impact not only of provisionalmeasures on the state's parties to a case,

(02:46:31):
but also to the impact on theindividuals directly affected and their rights.
It has issued orders to restrain statesfrom killing individuals in a manner alleged to
violate international law, and that iswhat South Africa is requesting after more than

(02:46:54):
twenty three thousand individuals have already beenkilled in the siege and bomb department of
Gaza, the overwhelming majority of theminnocent men, women and children. The
Court also issues orders to safeguard theintegrity of its proceedings and the efficacy of

(02:47:16):
its final ruling. In the Bosniogenocide case, for example, you ordered
that the parties quote not take anyaction and ensure that no action is taken
which may aggravate or extend the existingdispute over the preventional punishment of the crime

(02:47:37):
of genocide or render it more difficultof solution. End Without such non aggravation
orders, there is a real riskthat a respondent will rush to complete its
unlawful conduct before the court's final ruling, thus rendering the ruling and the Court

(02:48:05):
an irrelevance. Well, South Africahas kept its application in this case within
the scope of the Convention. First, some will ask why South Africa does
not seek any court order against Hamas. This case concerns Israel's actions in Gaza,

(02:48:26):
which is territory that three weeks ago, in Resolution twenty seven twenty the
UN Security Council stressed is quote anintegral part of the territory occupied in nineteen
sixty seven end quote by israel As. The Court will understand Hamas is not

(02:48:48):
a state and cannot be a partyto the Genocide Convention and cannot be a
party to these proceedings. There areother bodies and processes that can address the
questions of steps to be taken inrespect of past atrocities and against other actors,

(02:49:11):
and they are no doubt considering themwhat they should do. But as
a matter of law under the Convention, South Africa cannot request an order from
this court against Hamas. Secondly,South Africa understands that not all violence constitutes

(02:49:35):
genocide. Acts of ethnic cleansing,collective punishment, the targeting of civilians,
attacks on hospitals, and other warcrimes are all unlawful, but they do
not always violate the Genocide Convention.Genocide requires an intent to destroy, in

(02:50:01):
whole or in part a national,ethnical, racial, or religious group,
but the fact that what Israel isdoing in Gaza may also constitute war crimes
or crimes against humanity is no defenseand no bar to a charge of genocide.

(02:50:26):
South Africa has set out its requestfor relief in paragraph one hundred and
eleven of its application and its requestfour provisional measures in paragraph one hundred and
forty four. The reasoning behind therequest is pragmatic. The first two paragraphs

(02:50:46):
of the provisional measures request calls forthe suspension of Israel's military operations in and
against Gaza. Israel's continuing occupation operationin Gaza since the seventh of October attack
is the focus of this case.Minister Lomolda has recalled the fact that South

(02:51:09):
Africa has condemned the seventh of Octoberattack. Israel says that Palestine and Palestinians
are not its target, that itsaim is to destroy Hammas, but months
of continuous bombing, flattening entire residentialblocks, and cutting off food and water

(02:51:35):
and electricity and communications to an entirepopulation cannot credibly be argued to be a
manhunt for members of Hammers. Itis an indiscriminate attack, killing, maiming,
and terrorizing the entire population of Gaza, with no regard to questions of

(02:52:00):
innocence or guilt, obliterating the homesand cities in which they live, and
destroying any practical possibility of their returnto make their homes amidst the rubble.
Israel's actions both attack Palestinians in Gazadirectly and also prevents humanitarian relief reaching them.

(02:52:28):
Palestinians face death from continuing bombardments andshootings, and death from starvation and
disease, which is even more indiscriminatebut usually slower. In recent days,
the United States has said again thatfar too many civilians are being killed,

(02:52:52):
and the UN Secretary General and theUN Under Secretary for Humanitarian Affairs and the
Commissioner General of the UN Relief andWorks Agency have asserted that it is imperative
to halt military operations in order toenable the effective delivery of humanitarian relief,

(02:53:18):
and that is why South Africa hasrequested an order for the immediate suspension of
Israel's military operations in and against Gaza. It is the only way to secure
the humanitarian response and avoid yet moreunnecessary death and destruction. There is a

(02:53:45):
point to emphasize. It's no useIsrael saying that it does whatever it can
to minimize the deaths of innocent men, women and children. The use of
two thousand bunker busting bombs and dumbbombs in residential areas, and the relentless

(02:54:05):
bombardment of Gaza and even of socalled safe areas to which Palestinians have been
directed by Israel, tell another story. But that is not the only point.
It's not just a question of scaleand of indiscriminate killing. It's also
a question of intention. If anymilitary operation, no matter how carefully it's

(02:54:33):
carried out, is carried out pursuantto an intention to destroy a people in
whole or in part, it violatesthe Genocide Convention and it must stop.
And that is why all military operationscapable of violating the Genocide Convention must cease.

(02:55:03):
The third request is for an orderthat both Israel and South Africa,
in accordance with their obligations under theGenocide Convention in relation to the Palestinian people,
take all reasonable measures to prevent genocide. The fourth and fifth measures then
spell out these general obligations in termsof the specific instances of offenses listed in

(02:55:30):
Articles one, two, and threeof the Convention. The sixth requested measure
addresses the fact that, aside fromits own acts, the Government of Israel
is legally bound to prevent and punishothers who engage in, or incite or

(02:55:54):
actively support conduct that violates the GenocideConvention. Until the reported intervention of the
Attorney General thirty six hours ago,Israeli authorities appear to have done practically nothing
to stop the flow of genocidal rhetoric, including statements emanating from the ranks of

(02:56:18):
public officials. Indeed, the toleration, even normalization of such incitement has become
a matter of concern within Israel itself, and that is why this measure is
sought. This case is important.Lives are at stake, Israel's credibility and

(02:56:43):
reputation are at stake. Yet evidencethat could determine whether or not particular acts
violate the Genocide Convention is being lostor destroyed, while fact finders and foreign
journalists are unable to report freely fromGaza. Hence the seventh request, which

(02:57:05):
is for an order directing the preservationof evidence. And Finally, South Africa
asks that the Court require specific reportsfrom Israel on what it is doing to
implement the order. General assurances arenot enough. Reports published via the Court

(02:57:30):
are an essential element of accountability.I should address the question of self defense.
In its advisory opinion in the Wallcase, the Court noted that the
threat that Israel had argued justified theconstruction of the wall was not imputable to

(02:57:50):
a foreign state, but emanated fromterritory, the occupied Palestinian territory over which
Israel itself exercises control. For thosereasons, the Court decided, as a
matter of international law, the rightof self defense under Article fifty one of

(02:58:11):
the Charter the UN Charter had norelevance in such circumstances. Twenty days ago,
the Security Council affirmed yet again thatGaza is occupied territory. Though Israel
refers to a complete withdrawal from Gaza, it has retained control over Gaza over

(02:58:37):
access by land and sea and air, and over key governmental functions and supplies
of water and electricity. The tightnessof its grip may have varied, but
no one can doubt the continuous realityof Israel's grip on Gaza. The Court's

(02:58:58):
legal holding from two thousand and fiveholds good, and a similar point is
to be made here. What Israeliis doing in Gaza, it is doing
in territory under its own control.Its actions are enforcing its occupation. The

(02:59:18):
law on self defense under Article fiftyone of the UN Charter has no application,
but that is not the main point. The main point is much simpler.
It is that, no matter howmonstrous or appalling an attack or provocation,

(02:59:46):
genocide is never a permitted response.Every use of force, whether used
in self defense or an end forcingan occupation, or in policing operations or
otherwise, must stay within the limitsset by international law, including the explicit

(03:00:11):
duty in Article one of the Conventionto Prevent Genocide. South Africa believes that
the publicly available evidence of the scaleof the destruction resulting from the bombardment of
Gaza and the deliberate restriction of food, water, medicines, and electricity available

(03:00:37):
to the population of Gaza demonstrates thatthe government of Israel, not Jewish people
or Israeli citizens. The government ofIsrael and its military is intent on destroying
the Palestinians in Gaza as a group, and is doing nothing to prevent or

(03:01:01):
punish the actions of others who supportthat aim. And I repeat, the
point is not simply that Israel isacting disproportionately. The point is that the
prohibition on genocide is an absolute,a peremptory rule of law. Nothing can

(03:01:22):
ever justify genocide, no matter whatsome individuals within the group of Palestinians in
Gaza may have done, and nomatter how great the threat to Israeli citizens
might be, Genocidal attacks on thewhole of Gaza and the whole of its
population with the intent of destroying themcannot be justified, And no exception can

(03:01:50):
be made in a provisional measures orderto allow a state to engage in actions
that are capable its obligations under theGenocide Convention. It is unthinkable that a
court would ever do such a thing. That is the simple point in this
case. Genocide can never be justifiedin any circumstances. Israel's actions will be

(03:02:20):
examined closely and methodically at the meritstage, when the Court will want to
hear what Israel has to say inits defense. What matters now is that
the evidence indicates that Israel's actions haveviolated its obligations under the Genocide Convention,
that they continue to violate them,and that Israel has asserted that it intends

(03:02:43):
to continue them. Israel may saythat it will comply with all of its
obligations under the Genocide Convention and thatorders from the Court are not necessary.
Previous cases, the Court has heldthat such unilateral statements do not remove the

(03:03:05):
risk of irreparable prejudice or obviate theneed for a court order. In this
case, one reason for doubting theefficacy of any such unilateral undertaking is Israel's
apparent inability to see that it hasdone anything wrong in grinding Gaza and its

(03:03:26):
people into the dust. Another reasonis that a departure from or reinterpretation of
any unilateral undertaking by Israel may leadto consequences so appalling that the risk simply
cannot be taken. But there isa third reason, as was noted during

(03:03:52):
the submissions to this Court in thecase concerning the reservations to the Genocide Convention
in nineteen fifty one quote. Theobligation to submit disputes concerning the interpretation or
execution of the Convention to the InternationalCourt of Justice was regarded as one of
the prime guarantees of the due fulfillmentof the basic obligation to prevent and punish

(03:04:20):
the crime of genocide end quote.The role of the Court, which unusually
extends not only to the interpretation andapplication of the Convention but also to its
fulfillment, is pivotal. In additionto their substantive obligations under the Convention,

(03:04:43):
it is vitally important that states respectthe Court and their procedural obligations. This
is not a moment for the Courtto sit back and be silent. It's
necessary that to assert its authority anditself order compliance with the obligations under the

(03:05:07):
Genocide Convention. Indeed, it's hardto think of a case in recent history
which has been so important for thefuture of international law and of this Court.
Madam President, Members of the Court. That concludes my submission right,

(03:05:30):
thank you for your attention, andunless I can help you further, i'd
ask that you call on South Africa'sagent to read out the request for relief.
I thank Professor Lowe, and Inow invite the Agent of South Africa,
his excellency mister Mussumuzi Madonsella, toaddress the court. You have the
floor, Excellency, Madame President,it remains my owner to read to your

(03:06:05):
excellencies the provisional measures that South Africarequests from the Court. You have heard
the reasons set out which justify themeasures being sought. To sum up the
indication of provisional measures is we recognizewithout prejudice to the merits of the underlying

(03:06:26):
claim. Yet the evidence at thisstage indicates grave violence and genocidal acts against
the Palestinians in Gaza, in flagrantcontravention of the Genocide Convention and in breach
of their rights. South Africa hascome to this court to prevent genocide and

(03:06:50):
to do so in the discharge ofthe international obligation that rests on South Africa
and all other states under the Convention. The consequences of not indicating clear and
particularized, specific provisional measures and nottaking steps to intervene while Israel disregards its

(03:07:11):
international obligations before our eyes, wouldwe fear be very grave, indeed for
the Palestinians in Gaza, who remainat real risk of further unocidal actes,
for the integrity of the Convention,for the rights of South Africa, and

(03:07:35):
for the reputation of this Court whichis equipped with and musts exercise its powers
to afford an effective realization of therights under the Convention. That means we
respectfully submit indicating the provisional measures beingsought by South Africa, as well as

(03:08:01):
any others in addition which the Courtmight deem appropriate justice and equal respect for
the rights of Palestinians. Points overwhelminglyin favor of these critically required provisional measures.
But on President I now proceed toread the measures requested by South Africa.

(03:08:26):
On the basis of the facts setforth above, South Africa, as
a state polity to the Convention onthe Prevention and Punishment of the Crime of
Genocide, respectfully requests the Court,as a matter of extreme agency, depending
the cost determination of this case onthe merits to indicate the following provisional measures

(03:08:50):
in relation to the Palestinian people asa group protected by the Genocide Convention.
These measures are directly linked to therights that form the subject matter of South
Africa's disputes with Israel. One,the State of Israel shall immediately suspend its

(03:09:11):
military operations in and against Gaza.Two. The State of Israel shall ensure
that any military or irregular armed unitswhich may be directed, supported, or
influenced by it, as well asany organizations and persons which may be subject

(03:09:33):
to its control, direction, orinfluence, take no steps in furtherance of
the military operations referred to in zeropoint one above. Sec. Three.
The Republic of South Africa and theState of Israel shall, each, in
accordance with their obligations under the Conventionon the Prevention and Punishment of the Crime

(03:09:58):
of Generals in relation to the PalestinianPeople, take all reasonable measures within their
power to prevent genocide. Four.The State of Israel shall, in accordance
with its obligations under the Convention onthe Prevention and Punishment of the Crime of

(03:10:18):
Genocides in relation to the Palestine andPeople as a group protecteds by the Convention
on the Prevention and Punishment of theCrime of Genocide, desists from the commission
of any and all acts within thescope of Article two of the Convention in

(03:10:39):
particular a killing members of the group, B causing Syrrah's bodily or mental harm
to the members of the group,C deliberately inflicting on the conditions of life
calculated to bring about its physical destructionin whole or in part, and d

(03:11:03):
imposing measures intended to prevent births withinthe group. Five. The State of
Israel shall pursuit two point four paragraphsc above, in relation to Palestinians,
desist from and take all measures withinits power, including the rescinding of relevant

(03:11:31):
orders of restrictions and or prohibitions,to prevent a the expulsion and force displacement
from their homes, b the deprivationof access to adequate food and water,
access to humanitarian assistance, including accessto adequate fuel, shelter, clothes,

(03:11:58):
hygiene and sanity, the medical suppliesand assistance. And see the destruction of
Palestinian life in Gaza number six.The State of Israel shall, in relation
to Palestinians, ensure that It's military, as well as any irregular armed units

(03:12:22):
or individuals which may be directed,supported, or otherwise influenced by it,
and any organizations and persons which maybe subject to control, direction, or
influence, do not commit any actdescribed in four and five above, or
engage in direct and public incitement tocommit genocide, conspiracy to commit genocide,

(03:12:50):
attempt to commit genocide, a complicityin genocide, and in so far as
they do engage therein that SEPs aretaken towards their punishment pursued to Articles one
to three and four of the Conventionon the Prevention and Punishment of the Crime

(03:13:11):
of Genocide. Number seven, theState of Israel shall take effective measures to
prevent their destruction and ensure the preservationof evidence related to allegations of acts within
this scope of Article two of theConvention on the Prevention and Punishment of the

(03:13:31):
Crime of Genocide. To that end, the States of Israel shall not act
to deny or otherwise restrict access byfact finding missions, international mandates and other
bodies to Gaza to assist in ensuringthe preservation and retention of said evidence.

(03:13:52):
Number eight. The State of Israelshall submit a report to the Court on
all men It is taken to giveeffect to this order within one week as
from the dates of this Order,and thereafter at such regular intervals as the
Court shall order, until a finaldecision on the case is rendered by the

(03:14:16):
Court, and that such reports shallbe punished by but published by the Court
a bigger party. Number nine,the State of Israel shall refrain from any
action and shall ensure that no actionis taken which might aggravate or extend the
disputes before the Court or make itmore difficult to resolve. Thank you,

(03:14:43):
Madam President and distinguished members of theCourt. That concludes South Africa's address.
Thank you, I think the agentof South Africa whose statement brings to an
end the single round of oral argumentof South Africa, as well as this
morning's sitting. We'll meet again tomorrowtwelve January twenty twenty four at ten am
to hear the single round oral argumentof Israel. The sitting is jerk Lo

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