UN international court hears South Africa's genocide case against Israel

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UN international court hears South Africa's genocide case against Israel


South Africa has accused Israel of committing genocide against the Palestinians in Gaza and pleaded with the United Nations’ top court on Thursday to urgently order a halt to the country’s military operation. South African lawyers said during the opening arguments that the latest Gaza war was part of a decades-long oppression of the…

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27 Comments

  1. Are described laws for protection of Israel or only blue eyes child? [215] See, e.g., Article 3 Common to the 1949 Geneva Conventions (providing, inter alia, that “[a]n impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict”); Third Geneva Convention, supra note 67, Article 9 (“The provisions of the present Convention constitute no obstacle to the humanitarian activities which the International Committee of the Red Cross or any other impartial humanitarian organization may, subject to the consent of the Parties to the conflict concerned, undertake for the protection of prisoners of war and for their relief.”).[216] Internal Disturbances and Tensions: A New Humanitarian Approach?, 262 Int’l Rev. Red Cross 3, 4-5 (1988).[217] See infra Part III(F), paras. 347, 348. [218] Additional Protocol I, supra note 68, Article 90.[219] Rome Statute, supra note 31, Articles 5(1)(c), 8.[220] IACHR Report on Colombia (1999), supra note 110, at 75, Part IV, para. 13.[221] IACHR Report on Colombia (1999), supra note 110, at 75, Part IV, para. 13.[222] See, e.g., Additional Protocol I, supra note 68, Article 87; ICTY Statute, supra note 549, Article 7(3).[223] See, e.g., First Geneva Convention, supra note 67, Article 49; Third Geneva Convention, supra note 67, Article 129; Fourth Geneva Convention, supra note 36, Article 146; Additional Protocol I, supra note 68, Article 85(1).[224] For humanitarian law treaty provisions governing reprisals, see Third Geneva Convention, supra note 67, Article 13; Fourth Geneva Convention, supra note 36, Article 33; Additional Protocol I, supra note 68, Article 51(6).[225] Abella Case, supra note 73, para. 152. See also Tadić AC Decision Jurisdiction, supra note 163, para. 70.[226] The operations of the Kosovo Liberation Army during the 1999 Kosovo War were considered as terrorist activities by the Yugoslav government. Nevertheless, the operations of both the KLA and the Yugoslav forces where subject to international humanitarian law.[227] As indicated above, during armed conflicts, international humanitarian law applies in the whole territory of the warring states or, in the case of internal conflicts, the whole territory under the control of a party, whether or not actual combat takes place there. Tadić AC Decision Jurisdiction, supra note 163, para. 70. See also IACHR Report on Colombia (1999), supra note 110, at 95, Chapter IV, para. 83.[228] Tadić TC Judgment, supra note 192, para. 572.[229] See inter alia, Eric David, Principes de droit des conflits armés, (Bruylant, 1999), at 178 [hereinafter David 1999]. Indeed, certain provisions of international humanitarian law treaties specifically prohibit acts of terrorism committed in the context of armed conflicts. See, e.g., Fourth Geneva Convention, supra note 36, Article 33. [230] As noted above, for member states that are parties to Additional Protocol I (see Annex II), Articles 43 and 44 of Additional Protocol I eliminate the distinction found in the Hague Regulations and the Third Geneva Conventions between regular armed forces and irregular voluntary corps, militias and other organized resistance movement and thereby provide guerrillas a possibility of attaining privileged combatant status. Even where the Protocol I standards apply, however, it is still possible for a combatant to be regarded as forfeiting his or her combatants status and hence entitlement to prisoner of war status by failing to meet the standards under Article 44(3) of the Protocol, namely by failing to carry his arms openly during each military engagement as well as during such time as he is visible to the adversary when he is engaged in a military deployment preceding the launching of an attack. See Aldrich (1982) supra note 207, at 871, 877-878.[231] See supra Part II(B), paragraphs 42, 49.[232] Four Geneva Conventions, supra notes 36, 67.[233] Additional Protocol I, supra note 68.[234] Additional Protocol II, supra note 36.[235] ICRC Commentary on the Additional Protocols, supra note 210, at 870, para. 3031.[236] See ICRC Commentary on the Additional Protocols, supra note 210, at 392 et seq, 626, 649, 843-844. Under very specific circumstances, certain rules of international humanitarian law can be the subject of derogation or restriction based upon reasons of national security, military necessity or imperative military reasons. See, e.g., Additional Protocol I, supra note 68, Article 54(5) (providing that “[i]n recognition of the vital requirements of any Party to the conflict in the defense of its national territory against invasion, derogation from the prohibition contained in paragraph 2 [against the attack, destruction, removal or rendering useless objects indispensable to the survival of the civilian population] may be made by a Party to the conflict within such territory under its own control where required by imperative military necessity.”). See also supra Part III(D), paras 247-250

  2. South Africa , Nelson Mandela , humanity . We should all learn from South Africans and their country about how to be human and stand in-front of injustice even if it is supported by the most powerful countries such as Usa ( not us citizens but us government ) . I learned a lot from you , they could have said not our problem , but no they chose to stand infront of injustice and craziness and genocides .History will remember this heroic country . Thx to south africa , from an Egyptian brother i’ll always support you cause it seems that u have something that most of the world don’t which is realness and humanity ❤

  3. South-Africa ANC government is corrupt, stealing billions from their own people. Unemployment all time high, crime all time high. It’s a genocide in itself. Starving its own. hypocrites!

  4. She looks and sounds just like Lara Ravel.. I thank the Gods someone is FINALLY taking a stand against Israel and the inhuman atrocities they've long routinely committed against the Palestinians. South Africa has earned my respect.

  5. British government more interested in keeping their Israeli friends ships safe, let’s be clear that the Houthi’s haven’t killed any civilians or shot at civilian ships

  6. How ironic to get a Palestinian lawyer to represent South Africa.. 🤦🏻‍♂️ You see how these terrorists operate.. In fact South Africa is in a reverse apartheid state and the South African government are also causing genocide against its own people.