Israel’s Defense at ICJ Against Genocide Accusations
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SUMMARY:
-Top UN court opens hearings on Gaza genocide allegations
-Hearings focus on request for emergency measures
-Case brought over Israel’s devastating war in Gaza
-Israel says genocide accusations ‘false and baseless’
-Hamas urges World Court to ‘stop the aggression on Gaza’
THE HAGUE: Israel’s legal team launched its response Friday morning to accusations brought by South Africa at the UN’s top court that its war against Hamas in Gaza, in response to Hamas’s October 7 terror onslaught, was a state-led genocidal campaign aimed at wiping out the Palestinian population.
Israel Challenges South Africa’s Claims at The Hague–
At the International Court of Justice in The Hague, Israel has vehemently refuted South Africa’s allegations, describing them as a “profoundly distorted” representation of the conflict. South Africa had previously accused Israel of committing genocidal acts in Gaza, a claim Israel firmly denies.
ALSO READ: DAY 1| At the International Court of Justice (ICJ), South Africa VS Israel
The Accusations and Israel’s Response–
South Africa’s argument suggested that Israel’s actions in Gaza, which resulted in over 23,000 deaths and the destruction of numerous buildings, were genocidal. Israel, however, attributes the civilian casualties and destruction to Hamas, either directly or indirectly. Israel’s legal representatives emphasized that many civilian deaths were caused by Hamas’ tactics, such as booby-trapping homes and using schools and hospitals for military purposes.
Tal Becker’s Statement:
Tal Becker, the legal adviser for the Israeli foreign ministry, criticized South Africa’s portrayal of the conflict. He argued that the case was based on a manipulated description of the hostilities, accusing South Africa of overlooking Israel’s right to self-defense. Becker detailed the atrocities committed by Hamas and other militants on 7 October, including hostage-taking and acts of violence, to underscore the severity of the threat faced by Israel.
Disputing Genocidal Intent:
Israel’s legal team challenged the notion that its political and military leaders, including Prime Minister Benjamin Netanyahu, exhibited genocidal intent. They argued that Netanyahu’s comments, which were partially quoted by South Africa, were taken out of context. Professor Malcolm Shaw, part of Israel’s legal team, clarified that Netanyahu’s full statement emphasized the moral conduct of the IDF and its efforts to avoid harming civilians.
Humanitarian Efforts and Hospital Damage:
Dr. Omri Sander and Dr. Galit Raguam from Israel’s legal team highlighted the country’s efforts to improve the humanitarian situation in Gaza, despite obstacles posed by Hamas. They refuted claims of hospitals being bombed, asserting that the IDF aimed to dismantle military infrastructure with minimal damage.
The Court’s Deliberation and South Africa’s Stance:
The ICJ, led by Judge Joan Donoghue, is deliberating on whether to grant provisional measures, with a decision expected soon. South Africa has requested an immediate halt to Israeli military operations in Gaza. Israel, on the other hand, argues that such measures would unfairly benefit Hamas.
International Perspectives:
Germany has expressed support for Israel, warning against the misuse of the genocide charge for political purposes. A government spokesperson emphasized Israel’s right to self-defense and dismissed the genocide accusations as baseless.
The Genocide Convention and ICJ’s Role:
The 1948 Genocide Convention, established post-Holocaust, defines genocide as acts intended to destroy a group based on nationality, ethnicity, race, or religion. The ICJ’s decisions are final but lack enforcement mechanisms.
Conclusion:
As the case continues, with both sides presenting compelling arguments, the international community watches closely. The outcome of this legal battle at the ICJ will have significant implications for international law and the ongoing conflict in the Middle East.
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