Lawyer for South Africa: Israel’s war in Gaza is not self-defense since it is ‘in occupation’ of Strip

THE HAGUE — Prof. Vaughan Lowe KC lists in court the provisional measures that South Africa is requesting from the International Court of Justice.

Those include “immediately suspend[ing] its military operations in and against Gaza” and desisting from the “deprivation of access to adequate food and water.”

The measures also include humanitarian assistance for Gazans, including access to adequate fuel, shelter, clothes, hygiene and sanitation and medical supplies and assistance.

In addition, he says Israel must desist from the “destruction” of Palestinian life in Gaza.

Lowe claims that Article 51 of the UN charter permitting a country to defend itself from attack is not applicable to Israel’s war in Gaza, since, he contends, Israel remains “in occupation of Gaza” due to its control of its access points.

“Israel says it aims to destroy Hamas. But months of bombing, flattening entire residential blocks, cutting off food and water to an entire population cannot credibly be argued to be a manhunt for Hamas,” claims Lowe.

He also alleges “Israel’s apparent inability to see that it has done anything wrong in grinding Gaza and its people into the dust.”

Citing UN officials, Lowe says the suspension of Israel’s military operations is critical in enabling the provision of humanitarian relief to Palestinians in Gaza.

He also points out that no disciplinary measures have been taken against those in Israel, including government officials and Knesset members, for what South Africa’s application describes as “incitement to genocide.”

The war was sparked by the October 7 Hamas terror onslaught in which some 1,200 people in Israel were killed and approximately 240 kidnapped and held hostage in Gaza, mainly civilians.