SA-Israel ICJ case | Max du Plessis SC

Max du Plessis SC discussed the rights of the Palestinians in Gaza that require protection, and the link to the measures requested. Simply, Palestinians have the right to exist, and this application has been made to make sure that happens. The occupation of Gaza has been carried out in defiance of international law, with no push back. Its time the Palestinians are protected from acts aimed at bringing about their physical destructions. The group and its members are protected by the GC. We’ve avoided showing graphic photos and videos, because South Africa is building its case on clear legal rights. We are witness to forced evacuation, with no safe place to go. The rights are immediate and urgent, because they are necessary for life. A member of the WHO talked about how this situation is unprecedented - the magnitude, the severity, and the speed with which it has unfolded.
The claims against Israel are, at least ‘plausibly genocidal’. Israel has clearly failed to do anything about stopping or punishing it. South Africa has an obligation to protect Palestinians in Gaza.
Israel may allege that other groups are genocidal. But that is not a defence. If acts aren’t genocide, but war crimes for example, this does not mean provisional measures should not be imposed.
SA has an obligation to intervene to prevent genocide and condemn it. This obligation is on every signatory. The states have a common interest, so it doesn’t matter who is committing the acts, all have an obligation to act.
There must be a link between rights and measures requested. The rights at stake are plausible, grounded in the provisions of the Geneva Convention. He closed by stating Palestinians cannot be treated, and the court cannot retract its own prior decisions.