In the past 100 days of the Genocide in Gaza, food, electricity, and fuel have been cut off from the civilians of Gaza, and 97% of the water in Gaza is undrinkable. More than 23,900 civilians have been murdered, including 10,000 children, which makes up about 1% of the children in Gaza. More than 8,000 civilians are missing and expected to be under the rubble. There are hundreds of raids in the Occupied West Bank, and thousands of people are being detained without convictions. Up to 40 raids are happening each night. 1
Additionally, the healthcare system is collapsing due to the constant bombing and the lack of supplies. At least 26 out of the 35 hospitals in the Gaza Strip are not functioning due to the lack of fuel and attacks by the Israeli army. In the northern Gaza Strip, the Indonesian Hospital has been bombed repeatedly by the Israeli military, which also ordered the evacuation of doctors and the wounded. In the northern Gaza Strip, the Indonesian Hospital has been bombed repeatedly by the Israeli army, which also ordered the evacuation of doctors and the wounded.2 There are surgeries being done on the floor of the hospitals around people with no anesthesia, 3 4 5 and women are having c-sections without anesthesia6 7 and are leaving the hospital hours after giving birth.
The amount of aid going into Gaza is not sustainable. Two million Gazans are internally displaced, and according to UN experts, those two million Gazans “do not have enough food, and half of the population are now starving” as Israel continues its deadly bombardment of the enclave.8 On average, 100 aid trucks are crossing over into Gaza daily. By comparison, 500 trucks were crossing into the strip during the 51-day war in 2014. 9
While this is occurring, the people of Gaza ask for their stories to be heard. They have accepted that they will not make it, but they want to ensure that their stories are heard and they are not forgotten. Journalists like Motaz, Bisan, and Plestia covered Gaza from the grounds and accepted their faith that they may not survive this genocide. According to the Committee to Protect Journalists, as of January 14, 2024, 82 journalists and media workers were confirmed dead. Of those journalists, there were 75 Palestinians, 4 Israelis, and 3 Lebanese. There were also 16 journalists reported injured, 3 journalists reported missing, and 25 journalists reported arrested. 10 11
Here’s a complete list of reporters to follow on Instagram:
Hope isn’t entirely lost. South Africa filed a case against Israel for its genocidal acts, the form can be found here. South Africa had their oral arguments on Jan 11; a recording of it can be found here. They had a five-point argument for the “genocidal acts” perpetrated by Israel.
- Mass Killings of Palestinians
- Israel has deployed highly destructive bombs, including 2000-pound bombs which are not used in urban areas.
- More than 1800 families have lost multiple family members, while some do not even know if their families are still alive.
- Israel is fully capable of targeted attacks which have been seen when they attack Hamas leaders in other countries.
- Bodily and Mental Harm
- Israel has inflicted serious mental and bodily harm on Gazans. Close to 60,000 civilians have been wounded or maimed in a healthcare system that has collapsed.
- There have been large numbers of Palestinians who have been undressed, loaded onto trucks, and taken to unknown locations.
- These individuals have also been humiliated, and their suffering has been posted online to be mocked.
- Forced Displacement and Food Blockade
- Israel has deliberately imposed conditions that cannot sustain life and are calculated to bring about destruction.
- They forced one million people to move on from the North of Gaza to the South.
- Israel also forced hospitals to evacuate within 24 hours with no assistance in moving the injured or in moving medical supplies.
- Israel has also blocked food and water from Gaza, causing widespread hunger, and has removed the ability to distribute the available aid by limiting the movement of aid workers.
- There have been conditions imposed by Israel that have denied Gazans adequate shelter, clothes, bedding, and other critical non-food items. There is no safe water to drink, clean, or cook.
- The instances of diseases, including diarrhea, are increasing exponentially.
- The lawyer also stated that more Palestinians may die from hunger and diseases as the siege continues.
- Destruction of the Healthcare System
- Isreal has made life unsustainable by crippling the healthcare system, and it is unable to cope with the increased number of injured people who need life-saving treatments.
- Preventing Palestinian Births
- Israel is blocking life-saving treatments needed to deliver births.
- The South African team lawyer cited Reem Alsalem, UN special rapporteur on violence against women and girls, who had earlier warned that the “reproductive violence inflicted by Israel on Palestinian women, newborn babies infants and children … could be qualified as acts of genocide”.
In cases of genocide, intent is typically challenging to prove; however, there are many instances where the Israeli government has used demeaning and hateful language to incite violence. One of the examples that were cited in the oral argument was Netanyahu’s comments on October 28 when the prime minister urged troops preparing to enter Gaza to “remember what Amalek has done to you” – a biblical command from God to entirely destroy a group. “The destruction of Palestinian life is articulated state policy,”12
Here are the countries that are supporting South Africa’s case against Israel:13
- The Organization of Islamic Countries (OIC): The 57-member bloc, which includes Saudi Arabia, Iran, Pakistan, and Morocco, voiced their support for the case on December 30.
- Malaysia: In a statement released on January 2, the Malaysian Ministry of Foreign Affairs welcomed the South African application. It reiterated a call for an independent Palestinian state “based on the pre-1967 borders, with East Jerusalem as its capital”.
- Turkey: Turkish Ministry of Foreign Affairs spokesperson Oncu Keceli posted on X on January 3 welcoming South Africa’s move.
- Jordan: Foreign Minister Ayman Safadi said on January 4 that Amman would back South Africa.
- Bolivia: On Sunday, the Ministry of Foreign Affairs of Bolivia dubbed South Africa’s move as historic, becoming the first Latin American country to back the ICJ case against Israel.
- The Maldives, Namibia, and Pakistan: The three countries expressed support for the genocide case filed by South Africa during a UN General Assembly session on Tuesday.
- The Arab League: The 22-member alliance also affirmed its support for the South African case on Wednesday in an X post made by Secretary-General Ahmed Aboul-Gheit.
- Colombia and Brazil: The Ministry of Foreign Affairs of Colombia and Brazil expressed the country’s support in individual press releases on Wednesday.
- Besides countries, many advocacy groups and civil society groups worldwide have also joined South Africa’s call. These include Terreiro Pindorama in Brazil, Asociacion Nacional de Amistad Italia-Cuba in Italy, and Collectif Judeo Arabe et Citoyen pour la Palestine in France, reported independent outlet Common Dreams.
Israel defended itself against the claim of genocide against the people of Palestine on Jan 12; a recording of it can be found here. Israel started out by saying, “If there were acts of genocide, they’ve been perpetrated against Israel.” Israel defended itself by breaking their defense in the following:
- Right to Self-Defense
- Israel argued that Hamas’s attack on Oct 7 started the war against Gaza and that they have the right to defend itself under international law.
- Tal Becker, an advocate for the Israeli team, said that the Genocide Convention was written in the aftermath of the Holocaust and “never again” is a phrase that Israel holds the highest moral obligation to.
- Israel stated that by stopping the invasion, Israel would be unable to rescue their 132 hostages.
- As a side note, in 2003, International Criminal Justice ruled that an occupying power cannot claim the right to self-defense in a case involving Israel and the Occupied West Bank. However, Israel does not consider itself to be occupying Gaza after 2006 – although international scholars are divided about this claim.
- Genocidal Intent
- Israel’s legal team stated that South Africa’s accusations that Tel Aviv has an inherent intent to destroy the Palestinian people are based on random assertions. They stated that Netanyahu’s comments about the people of Amalek were taken out of context. Netanyahu goes on to complete that statement by saying, “the [Israeli military] is the most moral army… and does everything to avoid” the killing of civilians
- However, according to the clips of the recording, that is not what Netanyahu said. He said, “Our brave troops and combatants who are now in Gaza … and other regions of Israel are joining this chain of Jewish heroes, a chain that has started 3,000 years ago from Joshua ben Nun until the heroes of 1948 … They have one supreme goal, to completely defeat the murderous enemy and to guarantee our existence in this country.”14
- The clip can be found here
- The Israeli defense team also stated that the comments cited by South Africa were comments of Israeli politicians that did not reflect policy determined in the state bodies making way policy. Instead, the destruction that Gazans are suffering through is due to Hamas.15
- Israel’s legal team stated that South Africa’s accusations that Tel Aviv has an inherent intent to destroy the Palestinian people are based on random assertions. They stated that Netanyahu’s comments about the people of Amalek were taken out of context. Netanyahu goes on to complete that statement by saying, “the [Israeli military] is the most moral army… and does everything to avoid” the killing of civilians
- Genocidal Actions
- In response to the mass and indiscriminate killings of civilians is due to the use of Hamas using civilians as human shields.
- The defense team also emphasized the steps Israel has taken to warn civilians to evacuate from IOF operational areas and provide humanitarian assistance.
- Israel continued to state that they are complying with the law, “but it does to in the face of Hamas’s utter contempt for the law.” They also argued that the suffering for both Palestinians and Israelis is due to Hamas hiding behind innocents.
- Additionally, in reference to the destruction of the healthcare system, the Israeli defense system stated, “This is a grave violation of international law which put patients and staff at risk… Yes, damage and harm have occurred, sometimes by IDF fire, sometimes by Hamas fire, but always as a direct result of Hamas’s abhorrent method of warfare.”
- Israel also stated that any concerns that troops have “transgressed” any rules of war would be “addressed by Israel’s robust legal system.”
- However, Akshaya Kumar, director of crisis advocacy and special projects at Human Rights Watch, said that authorities have routinely failed to hold their focus accountable when security forces kill Palestinians.16
- There are multiple videos of civilians who were shot by snipers while carrying a white flag. There is a video of a grandmother walking with her five-year-old grandson waving a white flag and was shot dead by a sniper. There are additional videos of IOF torturing and mutilating Palestinians.
- As a side note, Greg Stocker, an activist and a veteran, posted this video about “S.W.E.A.T. M.S.O,” which stands for sewage, water, electricity, academics, trash, medical, safety, and other. He basically states that eight items are needed to ensure that armed resistance is not forming, and Israel has done everything to target all of these items. His video can be found here.
- Lack of Jurisdiction
- The Israeli defense team also said that South Africa did not properly notify Tel Aviv of its intention to file a case against Israel and it’s ongoing genocidal acts. According to the defense team, Tel Aviv had been willing to discuss this, but South African representatives had rejected these talks. And the defense lawyer asked whether this is a case that the courts should take up at all.
- In order for a case to come before ICJ, it is necessary to show that there has been a prior dispute between the parties. South Africa has to prove that it took the proper steps to provide notice to Tel Avid that they were committing genocide.
- The Israeli defense team also said that South Africa did not properly notify Tel Aviv of its intention to file a case against Israel and it’s ongoing genocidal acts. According to the defense team, Tel Aviv had been willing to discuss this, but South African representatives had rejected these talks. And the defense lawyer asked whether this is a case that the courts should take up at all.
- Humanitarian Aid
- Israel stated that the allegations of blocking food, water, fuel, and other critical supplies from Gaza are inaccurate and that “70 trucks” of food aid were allowed into Gaza before the war, and that number has gone up to “106 trucks in the past two weeks.”
- As a side note: According to the UN, 500 aid trucks were entering Gaza daily before the war, after which Israel banned all aid from entry. Some 200 trucks daily were allowed in during a brief pause in fighting agreed between Israel and Hamas, but outside the truce period, fewer than 100 trucks were going in.
- The defense team for Israel stated that Hamas seizes aid supplies for its fighters and that Israel has not targeted hospitals and instead helped evacuate patients.
- However, Palestinian journalists have reported that the bombing in Gaza comes with no warnings and that journalists themselves are being targeted.
- Additionally, Kumar, at HRW, added: “In practice, Israeli forces are deliberately blocking the delivery of water, food, and fuel, while wilfully impeding humanitarian assistance, apparently razing agricultural areas, and depriving the civilian population of objects indispensable to their survival. Human Rights Watch has found that Israel is using starvation as a weapon of war.”17
- Israel stated that the allegations of blocking food, water, fuel, and other critical supplies from Gaza are inaccurate and that “70 trucks” of food aid were allowed into Gaza before the war, and that number has gone up to “106 trucks in the past two weeks.”
Israel has insisted that South Africa did not follow the proper diplomatic procedures about the genocidal intentions and is unwilling to discuss it. They stated that if the court were to accept South Africa’s claims, “it would embolden terrorist groups and provide them with cover to commit crimes against humanity in the future as Hamas did on October 7.” 18Additionally, Israel claimed that South Africa was acting as an emissary of Hamas; therefore their claims are baseless.
ICJ’s decisions are final and without appeal; however, the courts cannot enforce them, but ignoring them could have significant international ramifications.
After the oral arguments, these countries supported Israel:
- The United States supported Israel. U.S. Secretary of State Antony Blinken said on a visit to Israel a day before the court proceedings began that South Africa’s allegations are “meritless” and that the case “distracts the world” from finding a lasting solution to the conflict. National Security Council spokesman John Kirby said genocide is “not a word that ought to be thrown around lightly, and we certainly don’t believe that it applies here.” 19
- The UK is also supporting Israel, stating, “We don’t agree with what the South Africans are doing.” 20
- Germany publicly stated its support after the hearings closed on Friday and said it would intervene as a third party before the ICJ. 21
- Most of the EU members have refrained from stating their position, except for Turkey, which is in the process of joining the EU, stating its support for Palestine.
While the court proceedings can take years, the ICJ can take steps to de-escalate the situation. Mike Becker, a professor of international law at Trinity College, Dublin, said the court would be in a tricky position: It might not want to order Israeli troops out of Gaza when it cannot give a similar cease-and-desist order to Hamas, which is not a party to the Genocide Convention.22 Additionally, Netanyahu stated that no one — including the World Court — will stop Israel’s war against Hamas.23
The past 100 days have been traumatic, yet it has also shown the resilience of the Palestinian people and the hope that people rallying together brings. Saturday, Jan 13, was declared a global day of protests, which drew thousands of people to march in countries worldwide.24
- https://www.youtube.com/watch?v=x4AgdxtYyQc ↩︎
- https://www.aljazeera.com/news/2023/11/29/save-what-remains-of-gaza-hospital-director-says-amid-bombing#:~:text=At%20least%2026%20out%20of,of%20doctors%20and%20the%20wounded. ↩︎
- https://www.reuters.com/world/middle-east/gaza-hospital-procedures-without-anaesthetics-prompted-screams-prayers-2023-11-10/ ↩︎
- https://www.businessinsider.com/gaza-doctors-operate-on-floors-without-anesthesia-after-hospital-blast-2023-10
↩︎ - https://www.independent.co.uk/news/world/middle-east/patients-anaesthetic-who-medicine-gaza-b2431993.html ↩︎
- *https://www.reuters.com/world/middle-east/gaza-hospital-procedures-without-anaesthetics-prompted-screams-prayers-2023-11-10/ ↩︎
- https://www.businessinsider.com/gaza-doctors-operate-on-floors-without-anesthesia-after-hospital-blast-2023-10 ↩︎
- https://www.aljazeera.com/features/2024/1/10/devastated-heartbroken-against-the-odds-gaza-aid-providers-keep-going#:~:text=On%20average%2C%20White%20said%2C%20100,51%2Dday%20war%20in%202014. ↩︎
- https://www.aljazeera.com/features/2024/1/10/devastated-heartbroken-against-the-odds-gaza-aid-providers-keep-going#:~:text=On%20average%2C%20White%20said%2C%20100,51%2Dday%20war%20in%202014 ↩︎
- https://cpj.org/2024/01/journalist-casualties-in-the-israel-gaza-conflict/ ↩︎
- https://cpj.org/2024/01/attacks-arrests-threats-censorship-the-high-risks-of-reporting-the-israel-hamas-war/ ↩︎
- https://www.aljazeera.com/news/2024/1/12/icj-genocide-case-south-africas-five-point-argument-against-israel ↩︎
- https://www.aljazeera.com/news/2024/1/9/which-countries-back-south-africas-genocide-case-against-israel-at-icj ↩︎
- https://www.aljazeera.com/news/2024/1/12/icj-genocide-case-what-are-israels-main-arguments ↩︎
- https://www.timesofisrael.com/israel-rejects-genocide-claims-at-the-hague-says-south-africas-allegations-baseless/ ↩︎
- https://www.aljazeera.com/news/2024/1/12/icj-genocide-case-what-are-israels-main-arguments ↩︎
- https://www.aljazeera.com/news/2024/1/12/icj-genocide-case-what-are-israels-main-arguments ↩︎
- https://www.timesofisrael.com/israel-rejects-genocide-claims-at-the-hague-says-south-africas-allegations-baseless/ ↩︎
- https://abcnews.go.com/International/wireStory/genocide-case-israel-rest-world-stand-momentous-allegations-106352563 ↩︎
- https://abcnews.go.com/International/wireStory/genocide-case-israel-rest-world-stand-momentous-allegations-106352563 ↩︎
- https://www.timesofisrael.com/germany-says-will-intervene-at-the-hague-on-israels-behalf-blasts-genocide-charge/ ↩︎
- https://www.aljazeera.com/news/2024/1/12/icj-genocide-case-what-are-israels-main-arguments ↩︎
- https://abcnews.go.com/International/wireStory/genocide-case-israel-rest-world-stand-momentous-allegations-106352563 ↩︎
- https://time.com/6555242/pro-palestinian-marches-london-paris-europe-demonstrations/ ↩︎
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