At public hearings last week at the International Court of Justice, South Africa’s ambassador to the Netherlands, Vusimuzi Madonsela, urged the panel of 15 international judges to order Israel to “totally and unconditionally withdraw” from the Gaza Strip.
The court has already found that Israel’s military operations pose a “real and imminent risk” to the Palestinian people in Gaza.
Israel’s offensive has killed more than 35,000 Palestinians, according to Gaza’s Health Ministry, which does not distinguish between combatants and civilians. The operation has obliterated entire neighborhoods, sent hundreds of thousands of people fleeing their homes, and pushed parts of the territory into famine.
“This may well be the last chance for the court to act,” Irish lawyer Blinne Ní Ghrálaigh, who is part of South Africa’s legal team, told judges last week.
Israel rejects the claims by South Africa, a nation with historic ties to the Palestinian people.
“Israel takes extraordinary measures in order to minimize the harm to civilians in Gaza,” Tamar Kaplan-Tourgeman, a member of Israel’s legal team, told the court last week.
In January, ICJ judges ordered Israel to do all it can to prevent death, destruction and any acts of genocide in Gaza, but the panel stopped short of ordering an end to the military offensive. In a second order in March, the court said Israel must take measures to improve the humanitarian situation.
The ICJ rules in disputes between nations. A few kilometers (miles) away, the International Criminal Court files charges against individuals it considers most responsible for war crimes, crimes against humanity and genocide.
On Monday, its chief prosecutor, Karim Khan, said he has asked ICC judges to approve arrest warrants for Netanyahu, Defense Minister Yoav Gallant and three top Hamas leaders — Yahya Sinwar, Mohammed Deif and Ismail Haniyeh — of war crimes and crimes against humanity in the Gaza Strip and Israel.
Israel is not an ICC member, so even if the arrest warrants are issued, Netanyahu and Gallant do not face any immediate risk of prosecution. But the threat of arrest could make it difficult for the Israeli leaders to travel abroad.
