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Former South African Deputy Chief Justice Dikgang Moseneke to Serve Ad Hoc on ICJ Bench

Published January 06, 2024
1 years ago

In an unprecedented move signifying the gravity of the legal proceedings against Israel, former Deputy Chief Justice of South Africa, Dikgang Moseneke, will join the bench of the International Court of Justice (ICJ) in The Hague next week. The Department of International Relations of South Africa announced this development on Friday, as the nation is set to argue a case alleging that Israel committed acts of genocide against Palestinians in Gaza.


The appointment of Moseneke is on an ad hoc basis, as South Africa currently does not have a permanent judge on the 15-member bench of the United Nations' principal judicial organ. Under the provisions of the ICJ's statute, nations that are party to a case but lack nationality representation can choose a jurist to temporarily serve for that specific case. The decision to enlist Moseneke comes as a strategic response to this legal provision.


Justice Dikgang Moseneke's experience and legal acumen are expected to be invaluable. With a distinguished judicial career, including tenure as the Deputy Chief Justice of South Africa, Moseneke's presence on the bench is anticipated to lend weight and credibility to the case. His vast expertise in international law will serve as a guiding force during the proceedings.


The case lodged by the South African government alleges that Israel's military operations in Gaza, which resulted in the death of more than 20,000 Palestinians, constitute genocide under the UN Genocide Convention. The legal proceedings will not only focus on the specific incidents but also raise broad questions about international humanitarian law and human rights.


The court is scheduled to address nine provisional measures requested by South Africa, chiefly concerning the immediate cessation of Israeli military activities in Gaza. These measures are critical as they aim to prevent further loss of life and destruction while the merits of the case continue to be assessed.


As the international community watches closely, the adjudication process may have significant ramifications for Israel, Palestine, and international law's role in conflict resolution. The case presents an opportunity for the ICJ to reaffirm or reshape the application of the Genocide Convention, a cornerstone treaty in international human rights law.


It is noteworthy that in February, South African professor of international law, Dire Tladi, is set to join the ICJ in a more permanent role as per the announcement by the Department of International Relations.


The eyes of the world will be on The Hague as the court deliberates over these serious allegations. The involvement of a seasoned legal mind such as Moseneke is an assertion of South Africa's commitment to the rule of law and the vigorous pursuit of justice on the international stage.



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