South Africa v Israel: Who are the main players in 'genocide' case at ICJ?

South Africa and Israel are gearing up for a high-stakes legal battle regarding Gaza at the International Court of Justice. Teams facing off include prominent figures such as former UN special rapporteur John Dugard and British lawyer Malcolm Shaw.

The head of the S African legal team, John Dugard, has said “Netanyahu, his war Cabinet, and many members of the Israeli army are responsible for the commission of war crimes, crimes against humanity and, possibly, the crime of genocide.”  / Photo: Reuters Archive
Reuters Archive

The head of the S African legal team, John Dugard, has said “Netanyahu, his war Cabinet, and many members of the Israeli army are responsible for the commission of war crimes, crimes against humanity and, possibly, the crime of genocide.”  / Photo: Reuters Archive

The International Court of Justice (ICJ) is all set for a high-stakes legal battle starting on Thursday.

In an 84-page filing, South Africa has accused Israel of genocide in Gaza, laying out its case with exhaustive details of the deadly actions since last October, including mass killings and destruction, along with crippling curbs on essentials like water, food, medicine, fuel, shelter and other types of humanitarian assistance.

Over two days, both sides will present their arguments before judges in The Hague.

But who are the lawyers chosen by South Africa and Israel for the showdown?

Read More
Read More

S Africa may win ICJ order against Israel in Gaza genocide case: lawyer

South Africa

Legal experts have hailed South Africa for putting together a team of "first-rate international lawyers."

According to media reports, the team will be led by John Dugard, a former UN special rapporteur on human rights in the occupied Palestinian territories.

Dugard, viewed as one of South Africa’s foremost international law experts, has experience with the ICJ, having served as an ad hoc judge in 2008.

In an interview with Anadolu news agency in December, Dugard was vehement in his criticism of Israel’s actions, saying that "Prime Minister Benjamin Netanyahu, his war Cabinet, and many members of the Israeli army are responsible for the commission of war crimes, crimes against humanity and, possibly, the crime of genocide."

Other notable members of the South African legal team include senior counsel Adila Hassam, Tembeka Ngcukaitobi, an advocate of the Johannesburg Bar, and international lawyer Max Du Plessis.

The team also includes lawyers Tshidiso Ramogale, Sarah Pudifin-Jones and Lerato Zikalala, while Irish laywers Blinne Ni Ghralaigh and British barrister Vaughan Lowe are providing external counsel.

Read More
Read More

South Africa's bid to hold Israel accountable for war crimes sparks hope

Israel

Israel has chosen British lawyer Malcolm Shaw to represent it at the ICJ.

Shaw is considered one of the world’s leading experts on international law and has appeared before the ICJ in the past, according to Israeli daily Haaretz.

Over the course of his career, Shaw has "developed an international reputation for advising on territorial disputes; law of the sea; state succession; state immunity; recognition of foreign governments and states; human rights; self-determination, international arbitration and international organizations," according to his profile on Essex Court Chambers.

He has also advised various governments, including the UK, Ukraine, UAE, Serbia and others.

Apart from the ICJ, Shaw has previously been involved in cases at the European Court of Human Rights, the European Court of Justice, and other top courts around the world.

Shaw is reported to be one of the four lawyers to represent Israel at the ICJ hearings, but names and details of the other legal experts are yet to be announced.

Ad hoc judges

The ICJ has 15 judges who will be hearing South Africa’s case against Israel.

They are all from different countries, including the US, Russia, China, France, Australia, Brazil, Germany, India, Lebanon and Morocco.

Read More
Read More

Ex-Israeli Supreme Court chief appointed as judge in ‘genocide’ case at ICJ

Under ICJ rules, a country that is party to a case and does not have a judge of its nationality on the bench can nominate an ad hoc judge, which is the case for both Israel and South Africa.

Israel has picked Aharon Barak, former head of the country’s Supreme Court.

Barak has voiced support for Israel’s war on Gaza, claiming the military offensive was not in violation of humanitarian law, according to The Times of Israel.

He also defended Israel’s decision to build a separation wall through the occupied West Bank, following a 2004 ruling by the ICJ declaring it illegal.

For South Africa, Justice Dikgang Moseneke will be the ad hoc judge in the ICJ case.

Moseneke is a former deputy chief justice with a distinguished legal and academic career in South Africa and abroad.

Read More
Read More

'Horrific': 160 children died every day in Palestine in December 2023

Route 6