SA-Israel ICJ case | Vaughan Lowe KC

Vaughan Lowe KC explained that this case was brought under Article 9 of the Geneva Convenstion. Now we should only be concerned about provisional measures. The case has been made.
The ferocity, scale and speed can only be seen as intent, and Israel has publicly stated it will continue. The court must allow provisions if its likely to stop the genocidal actions from continuing. He also asked the court to preserve its integrity.
South Africa understands acts such as ethnic cleansing or war crimes are not always genocidal. This requires intent. But that the actions may overlap does not prevent a pronouncement of genocide.
The first request is for the suspension of military operations. This is the focus of the case. Israel say its target is Hamas, but the indiscriminate nature of the military campaign don’t support claim that Hamas are the target.
Prevention of aid is also proof that civilians are targets. Even the US has admitted too many civilians are being killed. Humanitarian ceasefire is the only way to get aid into Gaza. Israel says it’s trying to avoid civilian casualties, even as it uses dumb bombs etc. But the intention is key, and that’s when it becomes genocide.
One of the provisions is that the government of Israel is legally obliged to punish others to carry out such actions.
Lives are stake. Israel’s reputation is at stake. No free reporting, hence the request to preserve evidence. SA also asks for reports from Israel about what it is doing.
Israel used ‘self-defence’ as the reason to build the wall which it controls, and the barrier which it is now itself breaching. The UN has declared Gaza is an occupied territory, because Israel controls access and supplies. What Israel doing, it is doing in territory it controls. Therefore it is not self defence.
No matter how monstrous an action, genocide is never a permitted response. The publicly available evidence, and restriction of water, food, electricity etc, mean the government and the military is responsible (not the citizens or Jews). Nothing can ever justify genocide, no matter how great the threat, against a whole group of people.
Israel does not seem to see it has done anything wrong. And that could lead to awful consequences. The right to refer genocide to the ICJ is one of the keys in the original Geneva Convention document. States must respect the court and its procedural obligations.