Israel Asks ICJ to Reject South Africa's Request for Measures Against It Over Gaza Situation
17:35 12.01.2024 (Updated: 17:58 12.01.2024)
© AP Photo / Peter Dejong
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The UN International Court of Justice in The Hague held a second day of hearings on Friday in South Africa's case against Israel for violating the Genocide Convention in Gaza.
Israel is asking the UN International Court of Justice to reject South Africa's request to impose interim measures against it over the situation in the Gaza Strip, Tal Becker, the legal adviser of the Israeli Ministry of Foreign Affairs, told the court, arguing that Tel Aviv is defending itself against an attack by the Palestinian group Hamas.
"To maintain the integrity of the Genocide Convention, to maintain its promise and the court’s own role as its guardian, it is respectfully submitted that the application and request should be dismissed for what they are: a libel, designed to deny Israel the right to defend itself, according to the law, from the unprecedented terrorist onslaught," Becker said.
The lawyer noted that South Africa, whose representatives presented their case to the court on Thursday, had shown a "profoundly distorted factual and legal picture."
He claimed that Israel's response was in self-defense and not aimed at the Palestinian residents of the Gaza Strip.
"What Israel is doing in Gaza is not to destroy people but protect people. Its people," Becker said. "Israel is in a war of defense against Hamas, not against the Palestinian people." The key component of genocide, the intent to destroy a people in whole or in part, is totally lacking."
The Israeli representative added that Israel has no goal of permanently occupying the Gaza Strip or displacing the population from there.
Israel's defense in court was continued by lawyer Malcolm Shaw, professor of international law at the University of Leicester in the United Kingdom, who said that "the high death toll does not amount to genocide."
He accused South Africa of "cheapening" the charge of genocide and said that "real genocide" occurred when Hamas militants attacked southern Israel on October 7.
"Not every conflict is genocidal. If claims of genocide were to become common currency of armed conflict wherever that occurred, the essence of that crime would be lost," Shaw pointed out.
Attorney Galit Raguan told the ICJ that South Africa in its case has also ignored Israel’s attempts to mitigate civilian harm in its ground offensive in Gaza by warning of attacks in advance.
"The applicant astonishingly claims that these efforts are themselves genocidal. A measure intended to mitigate harm to civilians is proof, according to the applicant, of Israel’s intent to commit genocide when it in fact proves the exact opposite," she claimed.
The attorney added that "harm to civilian Israel may be the unintended but lawful result of attacks on military targets."
Attorney Christopher Staker, who spoke next, said that the requests by South Africa "go beyond what is necessary to protect rights on an interim basis" and would leave Hamas "free to continue attacks, which it has a stated intention to do."
"The requested measures would not put an end to the conflict but only to military operations by one party to the conflict," he said. "These measures would assist the other party and encourage the commission of further terrorist attacks."
He was echoed by Gilad Noam, Israel's deputy attorney general for international affairs, who concluded Israel's defense by saying that if the ICJ accepts South Africa's claims, it "would weaken efforts to punish genocide."
Meanwhile, South African Justice Minister Ronald Lamola, who led the prosecution at the ICJ on Thursday, said that Israel had failed to refute South Africa's case and expressed confidence that the court would impose provisional measures against Tel Aviv.
"The State of Israel today has failed to disprove South Africa's compelling case that was presented before the ICJ yesterday. We stand by the facts, the law, and all the evidence we have submitted," Lamola asserted, adding that in light of Israel’s defense today, South Africa still believes Tel Aviv is acting in violation of the Genocide Convention.
He added that nothing justifies the way Israel is waging war in Gaza, and "self-defense does not justify genocide."
"The jurisprudence of the court has been very clear that there cannot be any justification for genocide," Lamola concluded.
South Africa brought the allegation of Israel's genocidal intent in Gaza to the ICJ on December 29 in response to the soaring civilian death toll in the besieged Palestinian enclave.
A number of countries, including Turkey, Malaysia, Venezuela, Brazil and Iran, supported South Africa's case against Israel. The US Department of State, referring to the lawsuit, said it saw no evidence of genocide in the Gaza Strip.
