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Home News Israel Defends Itself At the ICJ
NewsWorld

Israel Defends Itself At the ICJ

January 13, 20242 Mins read2.5k

In his opening remarks on Friday, Tal Becker (Israel’s counsel) told the court that although civilian suffering was “tragic”, Hamas seeks “to maximize civilian harm to both Israelis and Palestinians, even as Israel seeks to minimize it”. He said Israel is fighting a “war it did not start and did not want.”

According to him, South Africa “has regrettably put before the court a profoundly distorted factual and legal picture, [and] the entirety of its case hinges on a deliberately curated, decontextualized and manipulative description of the reality of current hostilities”. Becker also accused South Africa of making “an attempt to weaponize the term genocide against Israel”.

He said South Africa was seeking to thwart Israel’s self-defence rights by trying to get the court to order Israel to stop its military operation against Hamas.

South Africa Tembeka Ngcukaitobi described how Israel’s “genocidal intent” was evident “from how [its] military attack is being conducted”. Israel intends to “destroy” Gaza, he said on Thursday before the 17 judges of the bench.

Adila Hassim, another member of the South African legal team, told the court, “Every day there is mounting, irreparable loss of life, property, dignity and humanity for the Palestinian people”. He said, “Nothing will stop the suffering except an order from this court.”

South Africa said Israel’s actions were “intended to bring about the destruction of a substantial part of the Palestinian national, racial and ethnical group” and submitted evidence to back the claim.

The German government stated on Friday that it “expressly rejects the accusation of genocide” against Israel and that the accusation had “no basis whatsoever”.

According to government spokesman Steffen Hebestreit “In view of Germany’s history and the crime against humanity of the Shoah [Holocaust], the Federal Government sees itself as particularly committed to the Convention against Genocide… We firmly oppose [its] political instrumentalization.”. He also said Germany would speak at the main hearing at the ICJ and intervene in the proceedings on behalf of Israel.

Under the Hague’s rules, Germany will be able to make legal arguments on behalf of Israel if it files a declaration of intervention.

UK Prime Minister Rishi Sunak’s spokesperson said Mr Sunak believed South Africa’s case was “completely unjustified and wrong.”

“The UK government stands by Israel’s clear right to defend itself within the framework of international law,” he said.

A final ruling on a case this sensitive could take years, although the court could rule quickly on South Africa’s request for the suspension of Israel’s military campaign in Gaza.
However, ICJ has never judged a country to be responsible for genocide, although its sister court, the ICC, has tried individuals for war crimes, including genocide.

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