Israel Denies Genocide Allegations at International Court, Posits Gaza War as Self-Defense
Israel firmly repudiated what it termed as a "grossly misrepresented" accusation of genocide, allegedly made by South Africa, asserting at the highest tribunal of the UN that the accusation attempts to "distort the understanding" of the term.
[p]On the concluding day of the hearings at the International Court of Justice (ICJ), Israel stated its Gaza war was waged in self-defense, targeting Hamas, not Israeli civilians, and that there was no genocidal intent from its leaders.[/p]
[p]South Africa previously argued that Israeli leaders intended to "destroy Palestinians as a group in Gaza", with their aerial and land attacks on the enclave aimed at "causing the obliteration of its Palestinian population".[/p]
[p]Israel refuted the assertion, describing it as "a concerted and cynical effort to misconstruct the very term 'genocide'". It appealed to the court, based in The Hague (Netherlands), to dismiss the case as baseless and reject South Africa's request for the court to enforce a cessation of the war.[/p]
[p]Established post World War II and Holocaust in 1945, the ICJ adjudicates cases brought forth by nations arguing other countries have violated obligations imposed by the UN treaties. Both South Africa and Israel are signatories of the 1948 Genocide Convention, obliging them to abstain from committing genocide and to prevent and punish it.[/p]
[p]Opening for Israel, Tal Becker, a lawyer representing the nation, stated they are "distinctively aware" of why the genocide convention was adopted. He noted the systematic extermination of 6 million Jews as part of a premeditated and horrific program for their total annihilation still lingering in their collective memory.[/p]
[p]However, Israel contended that the convention was adopted for addressing an evil crime under the most exceptional circumstance it wasn't created to deal with the brutal impact of intense hostility on civilians during warfare.[/p]
[p]In a time where everyone talks, a court of justice is a place where words should still matter, where truth should still matter, stated Becker. He critically observed that the South African case was an "attempt to weaponize the term 'genocide' against Israel".[/p]
[p]The UN describes genocide as an act "committed with the intent to destroy, in whole or in part, a national, ethnical, racial or religious group," it clarifies that the term was developed as a response to the Nazis' systematic extermination of Jews during the Holocaust.[/p]
[p]It could take years for the final decision on the case, and this week's hearings are solely related to South Africa's request for "provisional measures", acting as a restraining order to prevent conflict escalation whilst the court examines the holistic case, a process that could take years.[/p]
[p]For provisional measures, the court only needs to ascertain if prima facie, or "at first sight", the purported acts, including Israel's use of 2,000-pound bombs and restricting food and water to Gaza, could contravene the genocide convention. "It is only necessary to establish if at least some of the alleged actions could fall under the convention's provisions", argued South Africa on Thursday.
[p]South Africa pleaded with the court to instruct Israel to suspend its military campaign in Gaza. However, the court may not necessarily decide provisional measures requested by South Africa, even if it declares prima facie jurisdiction.[/p]
[p]In the past, the ICJ has granted similar requests. For instance, in January 2020, Gambia's request for provisional measures to safeguard the remaining Rohingya in Myanmar from genocide was granted. The court has granted similar measures to protect Ukrainians from active Russian aggression, and to Bosnians during the Balkan wars in the 1990s.[/p]
[p]While the court’s verdicts are unambiguous binding, it practically has no enforcement mechanism. Despite the implementation of provisional measures, a 2022 Human Rights Watch report disclosed that abuses against the remaining Rohingya in Myanmar were still ongoing. Similarly, despite the court's mandate to Russia in March 2022 to cease its invasion of Ukraine immediately, Moscow's war lingers on past two years...