Israel rebukes genocide allegations at ICJ – JURIST

Israel delivered a fiery response on Friday to South Africa’s declare earlier than the Worldwide Court docket of Justice (ICJ) that its ongoing battle with Hamas within the Gaza Strip constitutes an act of genocide.

Following Hamas’ Oct. 7 assault on Israeli civilians, Israeli forces have launched a full-blown navy marketing campaign within the Gaza Strip. Final month, South Africa filed complaint with the ICJ accusing Israel of getting violated the Genocide Conference. “The acts and omissions by Israel complained of by South Africa are genocidal in character as a result of they’re supposed to deliver concerning the destruction of a considerable a part of the Palestinian nationwide, racial, and ethnical group … within the Gaza Strip,” South Africa alleged in its criticism. Although South Africa will not be engaged within the battle, it has jurisdiction to file swimsuit in opposition to Israel within the ICJ on condition that each it and Israel are members of the United Nations, and that each states are social gathering to the Genocide Convention.

On Thursday hearings began, the primary two days of proceedings being devoted to a dedication of whether or not the ICJ ought to impose provisional measures geared toward defending the rights of the Palestinians of Gaza, pending the result of the genocide criticism. In its opening arguments, South Africa’s authorized staff accused Israel of killing tens of hundreds of Palestinians in Gaza, inflicting severe psychological and bodily hurt, inflicting the compelled evacuation and displacement of some 85 p.c of the inhabitants within the Gaza Strip, failing to offer satisfactory humanitarian protections, inflicting widespread dehydration and hunger, and imposing measures supposed to forestall Palestinian births within the area, in accordance with the criticism.

Responding to the criticism and South Africa’s opening arguments, representatives of Israel blasted the criticism for failing to highlight the whole lot of the problem, counting on questionable statistics, and failing to correctly apply the related legal guidelines.

“The applicant is actually asking the courtroom to substitute the legal guidelines of armed battle between a state and a lawless terrorist group with the lens of a so-called genocide of a state in opposition to a civilian inhabitants. However it isn’t providing the courtroom a lens; it’s providing it a blindfold,” Tal Becker, authorized advisor to the Israeli Overseas Ministry, mentioned in his opening remarks.

Among the many “many distortions” offered in South Africa’s criticism, Becker mentioned essentially the most egregious was its minimization of the truth that the continued battle includes two events, not a lone aggressor. “n the candidates’ telling, it’s virtually as if there is no such thing as a armed battle happening between two events in any respect. No grave risk to Israel and its residents. Solely an Israeli assault on Gaza. The courtroom is advised of widespread harm to buildings, however it isn’t advised, for instance, what number of hundreds of these buildings have been destroyed as a result of they have been booby-trapped by Hamas. What number of turned respectable targets due to the technique of utilizing civilian websites and guarded objects for navy functions.”

He additionally solid doubt on the casualty figures cited by South Africa, stating that they have been proffered by Hamas itself, which he described as “hardly a dependable supply.” Each civilian casualty on this battle is a human tragedy that calls for our compassion. However the courtroom will not be advised what number of hundreds of casualties are actually militants; what number of have been killed by Hamas hearth; what number of have been civilians taking direct half in hostilities; and simply what number of have been the results of respectable and proportionate use of drive in opposition to navy targets, even when tragic.”

Becker argued that the core factor of the crime of genocide — the intent to destroy a folks in complete or partially — was absent from Israel’s navy response.

“What Israel seeks by working in Gaza is to not destroy a folks, however to guard a folks — its folks — who’re beneath assault on a number of fronts, and to take action in accordance with the regulation even because it faces a heartless enemy decided to make use of that very dedication in opposition to it,” Becker mentioned.

In closing, Israel’s authorized representatives requested that the courtroom reject South Africa’s request for provisional measures and take away the case from its docket.

It’s not but clear when the courtroom will render its determination on the provisional measures request.

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