Today, the International Court of Justice in The Hague commenced the second day of hearing sessions in the lawsuit filed by South Africa against Israel for committing acts of genocide against Palestinians in the Gaza Strip, demanding an immediate halt to the war that Israel has waged on the region for 98 days.
In his address to the court this Friday, Israel's Foreign Ministry legal advisor Tal Baker stated that South Africa's demand for an immediate cessation of the Israeli military campaign in Gaza would leave Israel incapable of self-defense.
Baker responded to South Africa's charges against Israel of committing genocide in its war on Gaza by asserting that "Hamas aspires to the total genocide of Israel."
He accused South Africa of trying to undermine Israel's inherent right to self-defense, which would render it unable to protect itself.
Baker claimed that the suit, which South Africa brought before the court, presented a distorted and erroneous picture of the events.
Self-Defense
The Israeli Foreign Ministry's legal advisor stated that what Israel is doing in Gaza is an act of self-defense against Hamas, and that stopping military operations would prevent Israel from defending itself. He pointed out that South Africa has a close relationship with Hamas.
He claimed that Israel complies with the law "but does so in the face of Hamas's absolute contempt for the law."
In an effort to refute the commission of genocide by the Israeli occupation in Gaza, Baker mentioned that the main element that classifies an act as genocide is the "intent to completely or partially destroy a people, which is not present at all" in Israel's war on Gaza.
On his part, the head of the Israeli defense team in this case, British Professor Malcolm Nathan Shaw, stated during his argument before the court that Hamas's attack on Israel on October 7th represents a genuine genocide of Israelis.
He noted that South Africa bases its case within the context of the Palestinian-Israeli conflict, mentioning the importance of placing acts of genocide within the context of what the Palestinians have endured for 75 years, and questioned "why stop at 75 years? Why does South Africa not refer to the year 1922 when it agreed to the British request in 1917 and the declaration of the Balfour Promise?"
He said that the real context of South Africa's lawsuit is the events of October 7th and Hamas's attack on Israel.
Balancing Interests
Israel's legal team urged the court to respect the rights of all parties and balance their interests before issuing precautionary measures related to halting military operations, emphasizing that the existing facts do not justify applying the precautionary measures requested by South Africa.
Trial sessions commenced yesterday, Thursday, on charges of committing genocide in Gaza, which were brought by South Africa. The 84-page lawsuit indicates that Israel has failed to provide basic food, water, medicine, fuel, and to ensure the provision of shelters and other humanitarian aid to the residents of the area.
The precautionary measures South Africa demands for the protection of Palestinians in Gaza would require the court to first consider whether it has the judicial jurisdiction to hear the case, and whether the actions attributed to Israel violate the Genocide Convention.
The 17-member court panel, which includes two judges representing South Africa and Israel, will consider the charge against Israel of committing genocide in Gaza and will determine the dates for the start of the trial and for the decision on the interim (emergency) measures requested by South Africa to protect Palestinians in Gaza. These include stopping military operations, allowing the return of forcibly displaced persons, and immediate entry of humanitarian aid.
Since October 7, 2023, the Israeli military has waged a devastating war on Gaza, which has claimed 23,357 lives and 59,410 injuries, most of whom are children and women, and caused "tremendous destruction to infrastructure and an unprecedented humanitarian disaster," according to Gazan authorities and the United Nations.
