Thread by @NimerSultany

A summary of the South African presentation before the ICJ today, in its request for additional provisional measures against Israel: a compelling presentation modifying the requested order by seeking a cessation of Israeli military activity and withdrawal from all of Gaza:

S.A. is compelled to return to the Court considering the continuing annihilation of Palestinians in Gaza. Institutionalised impunity emboldened Israel to commit the genocide, which shocked of the conscience of the international community.

Israel continued apace and just reached a new horrific stage. Israel whitewashes its genocide through the invocation of IHL.

This application was triggered by attack on Rafah, but genocide continued in all of Gaza.

Vaughn Lowe: Previous ICJ orders have not succeeded in protecting the Palestinians against Genocide. Orders have not been effective.
S.A. asks ICJ to reassert its authority; Court has the power to act to ensure that its previous orders and eventual judgment is not worthless.

Lowe: Despite scepticism in the West, the evidence of Israel's commission of genocide has to faced.

If the ICJ does not act now, the possibility of rebuilding a life in Gaza will be lost.

Lowe: Israel invokes Self-defence but ignores: 1. Self-defence does not give a state a license to use unlimited violence; 2. Nothing can justify genocide. Prohibition is absolute. 3. As the 2004 ICJ Advisory Opinion on apartheid Wall stated: self-defence irrelevant in occupation

Lowe: Court is not powerless, and S.A. asks the Court to assert not only its authority but also the authority of International law.

John Dugard focused on Jurisdiction and new circumstances that justify the issuance of new PMs:
Situation got worse since Jan and March; Assault on Rafah, the last refuge for 1.5 m Palestinians.

Dugard: Israel's Violation of International humanitarian law is also evidence of genocidal intent. This is the final blow.

Max Du Plessis focused on new facts, recent events:

Prevention underlies the previous ICJ orders on provisional measures. S.A. Seeks these PMs before prevention is no longer possible.

Adila Hassim quotes Judge Yusuf from March: Alarm has been sounded by the Court. All the indicators of genocidal activities are flashing red in Gaza.

Hassim: Genocidal conduct: 1. Israel continued to kill at an alarming rate: 11k killed since last ICJ Order, despite the ICJ orders and UNSC resolution. 15k children killed.
2. humanitarian catastrophe: worst humanitarian crisis in 50 years. 17K children are left unaccompanied.

3. Israel pushed medical system to collapse. Conditions calculated to bring about destruction.
4. mass graves in hospitals evidencing massacres.
5. Israel has intensified attacks in the north during the past week, while also attacking Rafah, and issued evacuation orders in north

Tembeka Ngcukaitobi: focused on genocidal intent: Rafah is the last stage to the destruction of Palestinian life in Gaza. For Palestinian life to continue and Palestinians to be able to rebuild their lives, they need a place like Rafah.

Israel knows about Rafah and its importance for sustaining Palestinian life, and they heard the warnings from UN officials.

Senior officials continued with incitement to genocide. Netanyahu going beyond Hamas: Gaza will no longer be a threat. Military officials followed suit.

Rafah is the final stand. Without Rafah no life, no identity, no possibility for reconstruction.

If the rule of law has any meaning - let it be today. It is not enough to ask for allowing humanitarian aid when the military operation is itself what prevents it.

Blinne Ní Ghrálaigh focused on remedies requesting an
express order for immediate cessation across the whole of the Gaza. The Court has the power to do it, and in our shared humanity demands it.

1. change in situation demanding explicit and specific P.M.: Attack on Rafah and North herald a turning a point from which there no way back. This is the endgame. This may well be the last chance for ICJ to act.

2. The situation could not be more urgent. The increase in fatalities and spread of disease. 2-ton bombs. Reliance on AI to produce kill lists.

Ní Ghrálaigh: ICJ reluctance to date to order Israel explicitly to suspend its military operation has cynically been used as a cover for its conduct.

Ní Ghrálaigh: Severity of the situation mandates that the court make explicit what was implicit in its previous orders and order Israel to cease its military operation in unequivocal terms. Nothing else will suffice.

Court is empowered and even compelled to order cessation even if one-sided:
1. ICJ can indicate any P.M. Including a one-sided order.
2. GC no bar to one-sided order. Applies to all situations whether between states or a conflict with a non-state party.

Ní Ghrálaigh: Court issued a cease fire order against Russia even though no genocide was alleged in Ukraine and Carnage in Gaza exceeds that in Ukraine.

3. that the UNSC ordered a cessation of hostilities is no bar to an ICJ order.

Veto power has been wielded against the Palestinian people, this requires the Court to ensure the universal application of the Genocide convention.

Conclusion of S.A. presentation: Israel is a settler colonial apartheid regime engaged in Genocide. This charge is levelled against those political & military leaders who dehumanised the Palestinians. It is levelled against the state whose leaders are calling for a second Nakba