• South Africa urgently seeks ICJ’s declaration of Israel’s violation of the Genocide Convention, supported by Muslim-majority nations (it’s a grave shame that a Muslim nation/(s) were not heading this hearing).
• Rumours of Alan Dershowitz’s potential consideration to join the Israeli legal team have spiralled on social media, amid accusations of pedophilia.
The International Court of Justice (ICJ) announced this week that it will conduct public hearings on January 11 and 12 in a case initiated by South Africa regarding Israel’s actions in Gaza. Since the commencement of Israel’s onslaught of Palestine, the death toll has reached 23,000, with numerous individuals still missing under debris, as reported by the Health Ministry. Israel’s assault has involved mass arbitrary arrests, field executions, and indiscriminate bombing, resulting in the displacement of nearly all Gaza residents from their homes. Certain Israeli ministers have even discussed the prospect of relocating the entire population from the enclave.
Last week, South Africa urgently requested the ICJ to declare that Israel was violating its obligations under the 1948 Genocide Convention. The filing has garnered backing from Muslim-majority nations such as Jordan, Malaysia, and Turkey (shameful, considering a Muslim nation/(s) should have led this proceeding). Nonetheless, the question remains: which legal representatives will advocate for South Africa and Israel in this historic case?
South Africa
John Dugard
Renowned as one of South Africa’s leading international law experts, John Dugard formerly served as the UN Special Rapporteur on Human Rights in the Occupied Palestinian Territory. Familiar with the ICJ, Dugard previously acted as an ad hoc judge for the court in the 2000s.
He has previously remarked that the apartheid conducted by Israel against Palestinians is, in some aspects, more severe than that inflicted on Black people in South Africa in the 20th century.
Among his written works is “Confronting Apartheid: A Personal History of South Africa, Namibia, and Palestine.”
Adila Hassim
With two decades of legal practice, the South African professional has also assumed the role of an acting judge. As the co-founder and director of litigation at Section27, a public interest law center championing access to healthcare services and basic education, she plays a crucial role. Moreover, she is a co-founder of Corruption Watch, an anti-corruption organisation dedicated to monitoring and exposing corrupt practices involving public and charitable resources in South Africa, where she also serves on the board.
Tembeka Ngcukaitobi
A South African attorney and legal scholar, Ngcukaitobi gained prominence for his involvement in cases instrumental in the downfall of then South African President Jacob Zuma, who faced widespread corruption allegations. At 47, he has authored works on land law and land reform in South Africa.
Max du Plessis
Du Plessis, a barrister and associate professor of law at the University of KwaZulu-Natal in Durban, South Africa, has featured prominently in key cases on international law and human rights in the country’s highest courts. He has also spoken at tribunals regarding the prohibition of apartheid under international law, drawing parallels between South Africa and Palestine.
Other Counsels
Joining the bench at The Hague are South African lawyers Tshidiso Ramogale, Sarah Pudifin-Jones, and Lerato Zikalala. External counsel will be provided by British barrister Vaughan Lowe and Irish barrister Blinne Ni Ghralaigh.
Israel
As reported by Israeli media, four lawyers are said to represent Israel at the hearings, although only one appointment has been confirmed.
Malcolm Shaw
A British academic, author, and lawyer, Malcolm Shaw, aged 76, boasts an international reputation for advising on territorial disputes, according to Essex Court Chambers. Shaw has reportedly offered legal counsel to the Israeli government on multiple occasions and has represented countries in court, such as Serbia (and it pains me to say), the United Arab Emirates and Azerbaijan.
Judges
The International Court of Justice (ICJ) comprises 15 judges from various nations. Both Israel and South Africa are entitled to appoint a judge for the case. South Africa has nominated Dikgang Moseneke, a former deputy chief justice, whose appointment was recently confirmed by a spokesperson for the South African foreign ministry.
It is noteworthy that the Judges of the ICJ do not serve as mere representatives of their governments; rather, they attain their positions through a meticulous electoral process. Upon election, a Member of the Court assumes a role detached from the government of their origin or any other state. In contrast to various organs within international organizations, the Court stands distinct in its composition, devoid of government representatives. These Members are autonomous adjudicators, and prior to commencing their responsibilities, they solemnly declare in open court their commitment to exercising their powers impartially and conscientiously.
Alan Dershowitz Controversy
Israel seems to have not nominated a judge. However, over the past couple of days, rumours have spiralled on social media, suggesting that Tel Aviv was considering Alan Dershowitz for the position. The American lawyer has faced controversy in recent days following the unsealing of court documents related to the Jeffrey Epstein sex trafficking case, where Dershowitz has vehemently asserted his innocence.
Dershowitz was accused of pedophilia 137 times in the Epstein Docs.
A former Israeli Mossad spy claimed that he and Epstein were involved in supplying minors to politicians for sexual purposes while simultaneously blackmailing them to gather intelligence for Israel.
Moreover, Dershowitz has previously written an article, defending the notion that ‘Statutory rape is an outdated concept’ and that the age of consent ought to be lowered.
Furthermore, in response to one of Professor Norman Finkelstein’s books on Palestine, he was reported to threaten the esteemed professor with the following:
“If you don’t remove the appendix now, it’s going to be a very painful operation later!”
Pictured: Professor Norman Finkelstein
Thuggish individuals displaying reprehensible behaviour with paedophilic tendencies, demonstrate a profound lack of morality. Although it has of course now been determined that Dershowitz is not fit to preside as judge in this case (given the ongoing investigations against him), it is startling to know that he was previously being considered. Yet, with that being stated, I am highly skeptical that anyone from the Israeli contingent will embody even a trace of moral rectitude in their representation.
May Allah (swt) liberate and bring peace to the cherished land of Palestine, granting our brothers and sisters freedom….Ameen!
