'South Africa made crucial mistakes in ICJ case' – International Law professor
The lawyers from South Africa’s delegation to the International Court of Justice were given a hero’s welcome upon their return.
South Africa's delegation take their seats in the International Court of Justice's Peace Palace in the genocide case against Israel on 11 January 2024. Picture: X/@Chrispin_JPhiri
Bongani Bingwa speaks with Professor André Thomashausen, professor emeritus of comparative and international law at Unisa.
Listen to the interview in the audio below.
Hundreds of supporters welcomed South Africa's legal team home after they argued a case of genocide against the state of Israel.
While so many South Africans were proud of our lawyers, some feel they failed in their objective.
The delegation did not successfully prove genocidal intent at the Hague, and their argument lacked knowledge of international law, argues Thomashausen.
He says the team made two crucial mistakes that could destroy their case.
Firstly, he says they did not read the genocide convention properly in terms of what constitutes a dispute.
For there to be a dispute there must be an exchange between the two parties.
"They only, on 26 December, informed Israel that they intended to go to court." - Professor Andre Thomashausen, Unisa International Law professor
Secondly, he says that South Africa misquoted or misrepresented some of the information they used to prove their case.
"This will upset the judges. The judges do not like to be fooled." - Professor Andre Thomashausen, Unisa International Law professor
Scroll up to the audio player to listen to the interview.