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Middle East conflict

Israel tells World Court South Africa case makes a mockery of genocide

Israel tells World Court South Africa case makes a mockery of genocide
Israeli delegation members sit at the International Court of Justice (ICJ), at the start of a hearing where South Africa requests new emergency measures over Israel's attacks on Rafah, as part of an ongoing case South Africa filed at the ICJ in December last year accusing Israel of violating the Genocide Convention during its offensive against Palestinians in Gaza, in The Hague Netherlands May 17, 2024. REUTERS/Yves Herman

THE HAGUE, May 17 (Reuters) - Israel defended the military necessity of its Gaza offensive on Friday at the International Court of Justice and asked judges to throw out a request by South Africa to order it to halt operations in Rafah and withdraw from the Palestinian territory.

Israeli Justice Ministry official Gilad Noam called South Africa’s case, which accuses Israel of violating the Genocide Convention, “completely divorced from facts and circumstances”.

“(The case) makes a mockery of the heinous charge of genocide,” Noam said. He called it “an obscene exploitation of the most sacred convention,” referring to the international treaty banning genocide, agreed after the Holocaust of European Jews in World War Two.

The convention requires all countries to act to prevent genocide, and the ICJ, also known as the World Court, which hears disputes between states, has concluded that this gives South Africa a right to make the case.

A woman who yelled “liars!” during Israel’s presentation was removed by security guards, a rare protest in the “Great Hall of Justice” courtroom in The Hague.

“There is a tragic war going on, but there is no genocide” in Gaza, Noam said.

In past rulings, the court has rejected Israel’s demands to dismiss the case and ordered Israel to prevent acts of genocide against the Palestinians, while stopping short of ordering it to halt the assault.

Ahead of Israel’s presentation, several dozen pro-Israeli protesters gathered outside, displaying photographs of hostages taken by Hamas fighters on Oct. 7 and demanding their release.

The South African legal team, which set out its case for fresh emergency measures the previous day, framed the Israeli military operation as part of a genocidal plan aimed at bringing about the destruction of the Palestinian people.

South Africa’s ambassador to the Netherlands, Vusimuzi Madonsela, requested the court to order Israel to “immediately, totally and unconditionally, withdraw the Israeli army from the entirety of the Gaza Strip”.

South Africa brought its latest request for emergency action in response to an Israeli military assault on Rafah at the southern edge of Gaza, refuge for half the territory’s 2.3 million people who fled Israel’s offensive further north.

Israel’s Noam said that Israel’s military operations were not aimed at civilians, but at Hamas terrorists using Rafah as a stronghold, who have tunnel systems which could be used to smuggle hostages and militants out of Gaza.

Examples of alleged violations by Israel raised by South Africa were “not evidence a policy of illegal behaviour, let alone a policy of genocide”, he said. Ordering Israel to withdraw its troops would sentence remaining hostages in Gaza to death, Noam said.

More than 35,300 Palestinians have been killed in Israel’s seven-month-old assault on the Gaza Strip, health officials in the enclave said on Thursday. The war began when Hamas militants attacked Israel on Oct. 7, killing 1,200 people and abducting 253 others.

This week’s hearings focus only on issuing emergency measures and it will likely take years before the court can rule on the underlying genocide charge. A decision on the request for emergency measures is expected next week.

(Reporting by Stephanie van den Berg and Anthony Deutsch Editing by Peter Graff)

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Comments - Please in order to comment.

  • Clifton Coetzee says:

    SA Government is an embarrassment to the majority of South Africans.

  • Sid Peimer says:

    At last – some balanced content from DM.
    I think we have become immune to the embarrassment our government causes us. Their idiocy hardly raises an eyebrow anymore.

  • ANTHONY BAYLEY says:

    What an embarrassment to this country and its citizens for the anc government to present such an amateurish
    prepared case on the global legal stage. ‘Facts’ based on social media feedback!
    Go back to kindergarten

  • Agf Agf says:

    Let’s hope that South Africa’s case fails and Israel can carry on with its campaign to wipe out Hamas. Incidentally, very quietly, and with nothing mentioned by mainstream media, the UN has recently revised its estimate of the deaths in Gaza, reducing them by over 10 000. This has the effect of changing the ratio of “civilian” to “combatants” deaths to 1:1 , the lowest in any recent conflict. So much for genocide.

  • Andre Du Venage says:

    DM be very careful of quoting Health Officials from Gaza. Their figures of deaths have been found to be severely overstated and names of around 10000 deaths could be given by these Health Officials a week ago. They also adjusted their death figures to half of previous. Facts are important.

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