Israel firmly rejected South Africa's accusation of genocide as "grossly distorted" and described it as an attempt to pervert the true meaning of the term. During the final day of hearings at the International Criminal Court (ICJ), Israel emphasized its stance that the war in Gaza was fought in self-defense, targeting Hamas rather than Israeli citizens, and that its leadership did not harbor genocidal intent.
On Thursday, South Africa accused Israel's leadership of aiming to destroy the Palestinian population in Gaza through aerial and ground assaults, while Israel claimed this was a deliberate distortion of the term genocide and asked the court in The Hague to dismiss the case and refuse South Africa's request to halt the war.
On Saturday, December 16, relatives and friends gathered to say their goodbyes to Al Jazeera camera operator Samer Abu Daqqa in Khan Younis, Gaza. Abu Daqqa tragically passed away due to injuries sustained in an Israeli attack on Khan Younis, as reported by the network on Friday.
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Israel is facing a genocide case in international court. Could it halt the war in Gaza?
The ICJ, established in 1945 after World War II and the Holocaust, hears cases in which states accuse others of violating their UN treaty obligations. Both South Africa and Israel are signatories to the 1948 Genocide Convention, which obliges them to prevent and punish genocide. During its opening remarks, Israel emphasized its awareness of the significance of the genocide convention, citing the systematic murder of 6 million Jews as a key motivating factor for its adoption. Tal Becker, a lawyer representing Israel, stated that this event is seared in their collective memory as a heinous program for the total annihilation of the Jewish population.
Israel contended that the convention was created to address only the most severe crimes, and was not intended to address the impact of intense hostilities on civilians during wartime. "In a time when words are undervalued," Becker stated, "it is crucial for truth to still matter, especially in a court of law." He criticized South Africa's attempt to use the term genocide as a weapon against Israel.
The United Nations defines genocide as an act "committed with intent to destroy, in whole or in part, a national, ethnical, racial, or religious group," and states that the term was coined in response to the systematic murder of Jewish people by the Nazis during the Holocaust.
Lawyers Galit Raguan, left, and Omri Sender, right, both spoke Friday in Israel's defense at the International Criminal Court.
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The case's final ruling will not be made for years, and the hearings this week only pertain to South Africa's request for "provisional measures," which are similar to a restraining order to prevent the dispute from escalating while the court fully considers the case, a process that could also take years.
For provisional measures, the court only needs to determine if, at first glance, the acts complained of - such as Israel's use of 2,000-pound bombs and its restriction of food and water to Gaza - could potentially violate the genocide convention. South Africa argued on Thursday that it is only necessary to establish whether some of the alleged acts could fall within the provisions of the convention.
South Africa has requested the court to order Israel to halt its military operations in Gaza. However, even if the court determines it has jurisdiction, the interim measures it chooses may not align with South Africa's request.
The ICJ has previously approved similar requests. In January 2020, the court granted The Gambia's plea for temporary measures to safeguard the Rohingya population in Myanmar from genocide. It has also authorized comparable measures to protect Ukrainians from ongoing Russian aggression and Bosnians during the Balkan Wars in the 1990s.
Genocidal acts perpetrated against Israel
The court's rulings are ultimately conclusive, but in reality, it lacks the means to enforce them. A 2022 report by Human Rights Watch revealed ongoing violations against the Rohingya population still present in Myanmar, despite the interim measures. Furthermore, despite the court's directive in March 2022 for Russia to immediately halt its incursion into Ukraine, Moscow's aggression continues almost two years later.
Israel is sharing evidence of the atrocities committed by Hamas against Israeli civilians, as a way to provide insight into the nature of the threat the country is facing, rather than to excuse its obligations to uphold the law in defending its citizens and territory. Hamas' actions during its murderous rampage resulted in over 1,200 deaths and the taking of 240 hostages back to Gaza.
Legal experts cautioned that concentrating too much on Hamas's October 7 attacks might not help Israel's case as it would be irrelevant. South Africa emphasized that "no excuse can justify genocide, regardless of the actions of certain individuals within the Palestinian group in Gaza."
However, Israel presented various forms of evidence showing the "barbaric and brutal" actions carried out by Hamas militants and the "intent to commit genocide" that its leadership openly expressed. The Hamas founding charter calls for the killing of Jews and the annihilation of Israel.
Lawyer Malcolm Shaw is pictured speaking on behalf of Israel during Friday's hearings at The Hague.
A video of an interview shortly after October 7 was presented to the court, in which Ghazi Hamad, a senior Hamas leader, told a Lebanese TV channel: "We will do this again and again." He stated that the attack was only the beginning and that there will be future attacks.
"If there have been acts that may be characterized as genocidal, then they have been perpetrated against Israel," said Becker.
No genocidal intent
The focus of South Africa's argument was on the alleged genocidal intent of Israeli leadership, as reflected in their military actions. According to Palestinian officials, Israel's offensive in Gaza has resulted in the deaths of over 23,000 people since October 7.
South Africa pointed to Israeli Prime Minister Benjamin Netanyahu's address to Israeli forces on October 28, prior to the launch of the ground offensive in Gaza. "Remember what Amalek did to you," Netanyahu said in his address, which South Africa interpreted as a biblical reference to the divine command from God for the retaliatory destruction of the Amalekites.
Malcolm Shaw, speaking on behalf of Israel, dismissed the language as mere rhetoric and cited other statements by Netanyahu as evidence of the opposite intention. He asserted that a thorough examination of Israel's official and binding policy decisions clearly shows no intent of genocide, but rather the opposite.
Israel emphasized its commitment to upholding international humanitarian law and striving to reduce civilian casualties, even as Hamas continues to use buildings such as schools and hospitals to conceal its military activities.
South African Justice Minister Ronald Lamola, left, and Ambassador to the Netherlands Vusimuzi Madonsela, right, spoke at Thursday's hearing.
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South Africa condemned Israel's evacuation order for residents in northern Gaza, calling it "genocidal" as it required immediate movement without allowing any humanitarian assistance. In response, Israel called South Africa's interpretation "astonishing," stating that the measure was intended to protect the civilian population.
Absurd provisional measures
Israel wrapped up its presentation by urging the court to deny South Africa's request for interim measures, arguing that they would limit Israel's ability to protect itself while enabling Hamas to persist with their attacks.
Gilad Noam, an Israeli lawyer, argued that if "resorting to force in self-defense against an enemy hiding behind civilians can be portrayed as genocide and trigger provisional measures," then "an inevitable tension will be created between the genocide convention and states defending themselves against the ever-increasing capacities of terrorist organizations."
Secretary of State Antony Blinken waves as he arrives in Tel Aviv on Monday.
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Blinken urges Israeli government to allow Palestinians to return to their homes in Gaza. Christopher Staker, another one of Israel's lawyers, expressed that provisional measures should be a temporary solution to protect rights, but in this case, they are being used to favor one side over the other in the conflict.
He stated that it is ridiculous to propose that the only way to enforce the genocide convention during a military operation is to stop the operation altogether. Additionally, Staker contended that South Africa's directive for Israel to cease committing genocidal acts suggested that violations of the convention were taking place, thus seeking an implied ruling on the merits of the entire case.
It could be days or weeks before the ICJs 15-judge panel - expanded by an additional judge from each side in this case - issues a decision on the emergency measures.
