The application submitted by the State of South Africa to the ICJ
The Global Legal Alliance for Palestine (the Alliance) is a global coalition of practicing lawyers, legal experts, legal organizations, legal initiatives, researchers, and human rights experts working to advance Palestinian self-determination ; the popular Palestinian will for freedom, justice reparations and return ; the Palestinian right to preempt and prosecute genocide, war crimes, apartheid, and crimes against humanity.
By this inquiry, the Alliance respectfully requests Your Honorable State to support and accede to the application submitted by the State of South Africa to the ICJ. Furthermore, we urge Your Excellency to condemn Israel for its systematic violation of its responsibilities under the 1948 UN Convention on the Prevention and Punishment of the Crime of Genocide (“The Genocide Convention”) against the Palestinian people, especially in the Gaza Strip.
On January 11th 2024, the ICJ heard the State of South Africa’s application for provisional measures to halt Israel’s ongoing genocide against the Palestinian population of the Gaza Strip. We implore Your Honorable State to support these measures, to prepare to implement them, and to ensure Israel fully complies with its obligations under The Genocide Convention. Moreover, we ask that you submit a simple letter of your intent to join the side of South Africa in the upcoming merits phase of the case. In this way, you can also relay to the ICJ Your Honorable interest in the case and in a positive ICJ decision on the provisional measures.
In accordance with Article 41 of the Statute of the International Court of Justice, “The Court shall have the power to indicate, if it considers that circumstances so require, any provisional measures which ought to be taken to preserve the respective rights of either party” (§1). Pending the final decision, notice of the suggested measures shall forthwith be given to the parties and to the Security Council (§2).
As a signatory party to the Genocide Convention, Your Honorable State has the capability to participate in the examination of the State of South Africa’s application. We hope that Your Honorable State, in line with your regular stance in favor of ending this genocide, and your repeated condemnation of the crimes committed by Israel, will support this application.
Enclosed, you will find a draft template of a Declaration of Intervention for your review in advance of submitting your own intervention- when such intervention becomes timely pursuant to the Notice which will be issued by the Registry of the ICJ. A copy of the application submitted by the State of South Africa may be found at the ICJ registry website.
The details of the atrocities committed against the Palestinian people in the Gaza Strip are deeply distressing, touching on fundamental human rights such as the right to life, the right not to be displaced from one’s country, and the right not to be deprived of basic needs. The atrocities and systematic destruction witnessed to date exceed those experienced by Japan and Germany following their defeat in World War II. Israel, as a signatory to the Genocide Convention, is obligated to cease these systematic violations immediately, but has instead declared that they will not let the Hague stop them, and have continued their open assault on Palestinians in Gaza and west bank, while continuing to starve and blockade Gaza,
The staggering number of Palestinian lives lost and the extensive destruction of Gaza demonstrate a planned and deliberate act of genocide by the Israeli war machine. While the words and actions of Israeli officials, soldiers, and settlers alike evince a frighteningly unprecedented open declaration of intent to commit genocide, and to mobilize and incite participation in that genocide.
Silence is no longer an option, and history will judge those who remain silent in the face of such atrocities. This moment, and this case, tests the will of the world to protect the systems intended to protect the human rights of all people- and to preserve humanity itself.
It is now Your Honorable State’s responsibility, also as a signatory to the convention, to act urgently and sincerely to utilize the opportunity presented by South Africa’s application to the ICJ. This is a unique and tangible way to achieve a humanitarian target – a complete ceasefire, especially when other international political mechanisms have proven ineffective.
Please consider this urgent appeal with the highest regard. Your prompt and sincere action is crucial in bringing an end to this humanitarian crisis.
Please accept our deepest gratitude for your time and attention to this matter- and please know that our large team of experts remain at your service for any further questions or concerns, and to advise you further on this- or any other- matter.
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THE GLOBAL LEGAL ALLIANCE FOR PALESTINE “The Alliance”
MISSION STATEMENT
The Global Legal Alliance for Palestine [“The Alliance”] is a global coalition of practicing and dedicated attorneys, legal organizations, legal initiatives, legal workers, and human rights experts working to advance the Palestinian demand for self-determination; the popular Palestinian democratic will for freedom, justice, reparations, and return; and the Palestinian right to preempt, resist, and defend against settler-colonization, war crimes, apartheid, and crimes against humanity. The Alliance understands that the coordination of our efforts is essential to creating powerful and lasting systemic change for Palestine and affirms its commitment to said coordination. The Alliance shall leverage and coordinate our legal expertise, and engage in advocacy efforts, in service of the protection of Palestinians and their rights. We will focus our efforts on countering, preempting, and exacting accountability for perpetrators of war crimes, and other crimes, against Palestinians in international and domestics forums while advocating for Palestinian rights and prioritizing Palestinian self-determination.
Our immediate, short-term, goal is to hold “israel” and other governments and individuals accountable for their role in the gross violations against the sanctity of life, land and property of the Palestinian people.
Our long-term goal is to create systemic change for Palestine in the international, and transnational, legal domain. We will collaborate with multi-disciplinary experts, civil society, human rights organizations, and investigators to utilize our collective knowledge and resources in pursuing legal and diplomatic avenues.
The Alliance will evaluate our progress by keeping track of the nature and number of legal, legislative, and diplomatic actions initiated, ensuring follow-up through prosecution and completion of said actions, and analyzing the impact we have in creating change by way of these actions through a permanent coordination and monitoring mechanism.
The Alliance reaffirms its commitment to working tirelessly towards protecting the rights, properties, and dignity of Palestinians while striving for lasting peace and justice, in Palestine and the region.
