Today, the world is watching as the first hearing sessions unfold in the case brought by South Africa against Israel at the International Court of Justice. South Africa accuses Israel of committing acts of genocide in the Gaza Strip.
As this moment is described as a historical precedent and a first step in a long process should the case move forward, Israel is exerting its utmost effort through diplomatic maneuvers and tactics to extricate itself from the serious accusations it faces before the highest judicial body of the United Nations.
In light of the gravity of the dossier presented by South Africa, Israel has chosen to mount its defense "personally," which signifies the serious nature of the accusations leveled against it and their potential ramifications, as well as its reputation on the global stage.
Pressures
According to Axios, a cable was published including details of the Israeli Foreign Ministry's plans to direct its embassies to exert pressure on diplomats and politicians in their host countries to demonstrate their opposition to South Africa's case in the international court publicly.
The Israeli diplomatic action plan includes instructions for international pressure to shield Israel from any court order that could challenge its interests. Tomorrow's hearing in The Hague on Friday is designated for Israel.
Israel hopes the International Court of Justice will reject the judicial order, avoiding definitive proof that it is indeed committing genocide against the Palestinian people and, conversely, recognizing that the Israeli military operates according to international law.
The Foreign Ministry cable highlighted that Tel Aviv's efforts to increase humanitarian aid to the residents of Gaza and to reduce harm to civilians are aimed at refuting the definition of genocide, which is described in the convention as "creating conditions that do not allow the survival of [a population] with the intent to completely or partially destroy them."
Additionally, the Ministry has informed Israeli ambassadors that Prime Minister Benjamin Netanyahu will send messages to dozens of world leaders, including the United States, Israel's primary ally, along the same lines.
Weak Points of the Occupation
Abdelmajid Mrari, Director of the Middle East and North Africa at the "FIDH" human rights organization, deemed South Africa's litigation as "strong" and considered that the diplomatic cunning and pressures exerted by Israel will prove futile and will not succeed in undermining the convictions of the judicial team within the International Court of Justice.
In an exclusive interview with Al Jazeera Net, Mrari stressed that "the court forms its conviction and legal opinion based on the valuable arguments and evidence at its disposal."
For his part, international human rights lawyer Francis Boyle, who has succeeded in two applications at the International Court of Justice, believes that "Israel is well aware that its legal arguments are weak, hence it will not be able to win the case."
In his conversation with Al Jazeera Net, the American lawyer explained that "Israel will rely on the self-defense argument during the session, something previously rejected by the international court," adding that all the peoples of Arab states should press their governments to support South Africa's dossier.
South Africa's 84-page report affirms that Israel's military campaign in Gaza violates its commitments under the 1948 Genocide Convention, which defines genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnical, racial, or religious group."
The U.S. Stance with Israel
U.S. Secretary of State Antony Blinken dismissed Pretoria's report, labeling its content as "baseless allegations," because they divert attention from efforts to improve the humanitarian situation in Gaza, as he put it.
Blinken made this statement at a press conference following talks with Israeli leaders in Tel Aviv two days ago as part of a Middle East tour, amidst renewed calls for a ceasefire with the fourth month of the Israeli aggression on Gaza entering.
John Kirby, spokesman for the National Security Council in the White House, stated last week that the legal action is "counterproductive and futile."
Abdelmajid Mrari views the United States' skepticism of the International Court in connection with its apprehension regarding the verdict on the case, especially since Article 3 of the Genocide Convention stipulates that "complicity in genocide is itself a crime," meaning any conviction of the Israeli occupation could indirectly be seen as a condemnation of Washington.
Hence, Mrari believes that the United States "is not in a position to judge such proceedings before the international judiciary, as it has become a threat to international security and peace with its supportive positions on genocide and ethnic cleansing."
On the other hand, the United Kingdom also faced criticism for failing to support the lawsuit against Israel, accused of double standards after it had presented documents to the International Court nearly a month ago in support of genocide charges against Myanmar for its actions against the Rohingya.
British Foreign Secretary David Cameron did not accept South Africa's claims during his first questioning by the Foreign Affairs Committee members two days ago. He was asked whether Israel's military blockade of the Gaza Strip violates international humanitarian law.
Other Countries Joining South Africa
While Israel's supportive and friendly countries express doubts about South Africa's lawsuit, a group of nations and human rights organizations supportive of the Palestinian cause welcome this step before the International Court of Justice.
In a statement issued at the beginning of January, Malaysia's Foreign Ministry reaffirmed its call for the establishment of an independent Palestinian state within the 1967 borders with East Jerusalem as its capital.
Jordan's Foreign Minister Ayman Safadi said that Amman would support South Africa in the case against Israel, noting that his country would continue to do what is necessary to stop the aggression on the Gaza Strip.
Turkey's Foreign Ministry spokesman, in a tweet on "Ekş" (meaning 'X' in Turkish), expressed Ankara's support for Pretoria's submission.
Bolivia, the first Latin American country to support the case against Israel, in its Foreign Ministry statement, emphasized its appreciation for this "historic action" and its commitment to peace and justice.
South Africa's government said two days ago that former British opposition leader Jeremy Corbyn joined its delegation to attend the hearing sessions at the court.
In this context, lawyer Mrari praised the "moral support" for the lawsuit and the Palestinian people, underscoring that the critical aspect today—on the material level—lies in the strength of the arguments and documented evidence in court to strengthen the file, in addition to forming or reformulating the judge's conviction.
