Israel has rejected accusations of genocide in its war in Gaza on the second day of hearing at the International Court of Justice (ICJ).
On Thursday, the first day of hearings, South Africa argued that Israel had committed “systematic” acts of genocide in Gaza, where more than 23,500 Palestinians have been killed amid Israel’s military campaign.
Israel’s arguments revolved around its “right to self-defence” following the attacks by Hamas on October 7, as well as what it called a lack of evidence of “genocidal intent.”
Lawyers for the Israeli government argued that South Africa’s claims against Israel give a “distorted factual and legal picture.”
Tal Becker, the Legal Adviser of the Israeli Ministry of Foreign Affairs, presented Israel’s opening statements arguing that South Africa had “ignored” the events of October 7, stating that Hamas is responsible for starting the war with its attacks on southern Israel and that Israel had the right to defend itself.
Becker also stated that the court should apply provisional measures against South Africa, accusing it of maintaining close ties with Hamas.
Malcolm Shaw, a British Professor of international law, then took the floor. He argued against South Africa’s claim the two countries were in a “dispute” instead labelling it a “unispute.”
Galit Raguan, acting Director of the international justice division at Israel’s Justice Ministry, then spoke after a short coffee break. She blamed Hamas for the high civilian toll in Gaza and asserted that Israel had not bombed hospitals.
Christopher Staker, an international lawyer previously on the criminal tribunal for the former Yugoslavia, also claimed that Israel had facilitated humanitarian aid.
Omri Sender, another representative, insisted that Israel “no doubt meets the legal test of concrete measures aimed specifically at recognising and ensuring the rights of the Palestinian civilians in Gaza.”
He also said Israel has ensured humanitarian aid enters Gaza and that there has been no restrictions on the amount of water that may enter the Gaza Strip.
Sender said that food trucks have been able to enter the strip and the sick and injured have been allowed to cross into Egypt.
However, multiple reports by aid organisations, doctors and journalists on the ground tell a different story from the one Sender presented.
Gilad Noam, Israel’s Deputy Attorney General for international affairs, presented Israel’s final arguments.
He argued against the use of provisional measures, listing several reasons, including that Hamas is considered a terrorist organisation by Israel and other countries and had committed “a large-scale terrorist attack.”
A ruling from the court in favour of, or against, South Africa’s urgent request for provisional measures is expected in a few weeks.
ICJ Likely To See Mismatch Between Israel’s Case And Gaza’s Reality
Thomas MacManus, a senior lecturer in state crime at Queen Mary University of London noted that the ICJ is likely to see a “massive disconnect” between the picture Israel painted today of its humanitarian concern for Gaza and “the reality on the ground where UN agencies say people are starving, lacking water, and seeing attacks on hospitals, schools, and universities.”
“I think the court will find it very difficult to add these two things,” MacManus told a news agency.
Countering the Israeli team’s case that Israeli decision-makers have not shown “genocidal intent” towards Palestinians, MacManus pointed to numerous statements by Israeli leaders, documented in South Africa’s submission to the court, that suggest otherwise.
“The court only needs to look at the statements in South Africa’s submission – with the ranking and authority of those making them – and ask whether they plausibly reach the level of intent required for genocide. I think the court will have to do that,” he said.
Speaking to reporters outside the ICJ in The Hague, Palestinian foreign ministry official, Ammar Hijazi stated that Israel’s legal team was not “able to provide any solid arguments on the basis of fact and law.”
“What Israel has provided today are many of the already debunked lies,” he stated.
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