ICJ genocide case: What are Israel’s arguments and do they grasp up?

The Global Courtroom of Justice on Friday heard Israel’s defence towards allegations by way of South Africa that it had performed acts of genocide in Gaza, on the second one day of hearings that have been live-streamed for the sector to observe.
Just about 24,000 other people were killed within the enclave since October 7, nearly 10,000 of them kids. Hundreds extra are misplaced beneath rubble and presumed useless.
South Africa claims Israel has breached the 1948 Genocide Conference in its struggle on Gaza. On Thursday, the felony staff performing for South Africa asked that the courtroom factor emergency measures to prevent the ongoing aerial bombardment and floor invasion of the strip.
That request for provisional measures was once the crux of this week’s complaints.
In its Friday counter-submission, Israel’s representatives, led by way of British attorney and educational Malcolm Shaw KC, argued that South Africa’s utility “distorted” and “de-contextualised” Tel Aviv’s army movements in Gaza, and that during accusing Israel of genocide, Pretoria was once “diluting” the which means of the crime.
Listed here are Israel’s primary counterarguments and a take a look at whether or not they get up:
Proper to self-defence
Israel argued that Hamas’s assault on military outposts and surrounding villages in southern Israel – in addition to the taking of masses of captives – on October 7 is what began the Gaza struggle, and that Israel has a proper to shield itself beneath global regulation.
Tal Becker, an recommend for the Israeli staff, instructed the courtroom that the Genocide Conference was once drawn up within the aftermath of the mass killing of Jews within the Holocaust and that the word “by no means once more” is one among “the easiest ethical tasks” for Israel.
By way of soliciting for an meantime order towards Israel’s invasion, Becker mentioned, South Africa is making an attempt to disclaim Israel the chance to fulfill its tasks to the captives taken and to the Israelis displaced after the October 7 assaults from communities close to the border with Gaza.
However Neil Sammonds, senior campaigner on Palestine at human rights organisation Battle on Need, instructed Al Jazeera that Israel’s arguments are “vulnerable”.
“After all, each South Africa and human rights organisations like us condemn the killing of civilians and taking of hostages [by Hamas],” Sammonds mentioned. “However this under no circumstances justifies the reaction from Israel. As an occupying pressure, Israel does no longer have the proper to self-defence – this argument does no longer grasp water.”
The ICJ had, in 2003, dominated that an occupying energy can’t declare the proper to self-defence, in a case involving Israel’s development of a separation wall within the occupied West Financial institution. Israel does no longer believe itself to be an occupying energy since its disengagement from Gaza in 2006. The UN and various human rights organisations have rejected this declare, alternatively, whilst global felony students were divided about whether or not Gaza was once “occupied” in keeping with global regulation.
Genocidal intent
The Israeli felony staff mentioned South Africa’s accusations that Tel Aviv has an inherent intent to “damage” the Palestinian individuals are in keeping with “random assertions”.
Alternatively, Akshaya Kumar, director of disaster advocacy and particular tasks at Human Rights Watch, instructed Al Jazeera that it was once no longer believable to go off feedback by way of prime rating officers as “random assertions”.
“Probably the most maximum revealing statements have been made by way of the president, top minister, and protection minister and different key choice makers,” Kumar mentioned.
In his presentation, Shaw mentioned that the statements made by way of High Minister Benjamin Netanyahu and alluding to “Amalek” – which was once cited particularly by way of the South African staff on Thursday – were taken out of context.
Within the remark cited, Netanyahu instructed Israeli troops getting ready to invade Gaza on October 28 to “consider what Amalek has executed to you”, regarding a biblical name to obliterate a definite staff of other people.
Shaw, alternatively, mentioned that Netanyahu had long gone on to finish the remark by way of pronouncing “the [Israeli military] is essentially the most ethical military … and does the entirety to steer clear of” the killing of innocents.
In to be had clips of the recording, Netanyahu does no longer say the ones phrases after regarding the Bible tale, alternatively. He mentioned, “Our courageous troops and opponents who are actually in Gaza … and different areas of Israel are becoming a member of this chain of Jewish heroes, a series that has began 3,000 years in the past from Joshua ben Nun till the heroes of 1948 … They have got one ideally suited function, to totally defeat the murderous enemy and to ensure our life on this nation.”
Genocidal movements
In accordance with allegations of tangible genocidal movements, together with mass and indiscriminate killings of civilians, Israel’s legal professionals claimed that Hamas was once the usage of civilians as human shields and that Israeli troops have been seeking to “minimise” civilian hurt.
Alternatively, there were circumstances of civilians being shot and killed whilst obviously unarmed and seeking to evacuate. In a up to date, verified video which was once shared extensively on social media, a Palestinian grandmother was once observed making an attempt to go alongside a path out of northern Gaza, declared protected by way of Israeli forces, whilst keeping palms along with her five-year-old grandson, who was once waving a white flag. She was once shot useless by way of a sniper.
In December, Israel additionally killed 3 of its personal voters who gave the impression to have escaped Hamas captivity. Additionally they waved white flags and wrote SOS messages with leftover meals. Israel answered to this on the time pronouncing its squaddies have been performing beneath large force and had made errors.
Israel’s legal professionals additionally mentioned on Friday that any considerations their troops had “transgressed” the principles of struggle could be “addressed by way of Israel’s tough felony device”. However Kumar mentioned HRW has in the past exposed proof that Israel operates a “deeply unsuitable and unequal justice device”.
“The government have robotically failed to carry their forces responsible when safety forces kill Palestinians, together with kids, in instances wherein using deadly pressure was once no longer justified beneath global norms,” Kumar mentioned.

Loss of jurisdiction
Shaw mentioned Pretoria had did not be in contact with Tel Aviv concerning the case prior to submitting the appliance to the courtroom, as is needed by way of the courtroom’s personal laws.
The Israeli consultant claimed South Africa had given it just a few days to answer a notification that it was once committing genocide. He mentioned that Tel Aviv were prepared to “discussion” however the South African representatives had first rejected a written missive because of a vacation, after which had in a while answered that there was once “no level” in having a dialogue. That, Shaw mentioned, raised the query of whether or not the case must have come prior to the courtroom in any respect, which means the courtroom would possibly lack the facility to adjudicate.
To carry a case prior to the ICJ, it is important to turn that there was a previous “dispute” between the 2 events, and that each want the ICJ to step in to correctly interpret the Genocide Conference. South Africa will have to end up that it gave Israel prior understand that it believed Tel Aviv was once committing genocide in Gaza, and that there was once a “dispute” or confrontation between the 2 aspects at the subject, to justify taking this example to the courtroom in any respect.
South Africa has no longer answered to the claims that it rejected the sort of discussion.
Humanitarian assist
Israel’s consultant mentioned the allegations that it’s blocking off meals, water, gas and different important provides from Gaza are “faulty”, including that “70 vans” of meals assist have been allowed into Gaza prior to the struggle and that quantity has long gone as much as “106 vans prior to now two weeks”.
In line with the UN, 500 assist vans have been coming into Gaza day-to-day prior to the struggle, and then Israel banned all assist from access. Some 200 vans day-to-day have been allowed in all through a temporary pause in preventing agreed between Israel and Hamas, however outdoor the truce length, fewer than 100 vans have been getting in.
Galit Raguan, performing director of the global justice department at Israel’s Ministry of Justice, mentioned in her presentation that Hamas seizes assist provides for its warring parties. Israel, Galit mentioned, had no longer focused hospitals, and has helped evacuate sufferers. She mentioned colleges, UN warehouses, and hospitals were searched by way of Israeli forces as a result of Hamas warring parties have been in the ones places, including that Israel warns the inhabitants of an incoming bombardment thru telephone calls and by way of shedding leaflets.
Alternatively, Palestinian newshounds have time and again reported that the incessant bombing of the strip frequently comes with out a warnings, with newshounds themselves being closely attacked. A number of hospitals were bombarded and left dysfunctional.
Sammonds from Battle on Need identified that Israel didn’t start its blockade at the strip on October 7. “There was an illegal blockade on Gaza for 16 years and it was once already observed as a collective punishment [before the war started]. The help that has are available in [since the war started] is only a tiny trickle in comparison to what’s wanted,” he mentioned.
Kumar, at HRW, added: “In apply, Israeli forces are intentionally blocking off the supply of water, meals and gas, whilst wilfully impeding humanitarian help, it sounds as if razing agricultural spaces, and depriving the civilian inhabitants of gadgets indispensable to their survival. Human Rights Watch have discovered that Israel is the usage of hunger as a weapon of struggle.”
What subsequent?
Wrapping up Israel’s arguments on Friday, Gilad Noam, Israel’s deputy lawyer normal for global affairs, mentioned the courtroom must no longer order provisional measures (to halt the attack on Gaza) as a result of Hamas is thought of as a terrorist organisation by way of Israel and since one of these measures would reason hurt to Israelis.
The ICJ mentioned it might announce its choice quickly, however didn’t give particular dates. It’s most likely the courtroom will make a remark within the coming weeks, professionals mentioned.
It’s arduous to expect which approach the courtroom will swing. Al Jazeera’s senior political analyst, Marwan Bishara, mentioned that Israel made sturdy “jurisdictional and procedural arguments”, referring to these allegations from Israel that South Africa didn’t give it sufficient time to reply prior to submitting on the Hague Courtroom. He described this a part of its argument as the only which “will have made a dent” in South Africa’s case.
However “Israel misplaced the ethical, factual, historic and humanitarian argument as a result of the way in which the placement has unravelled in Gaza – with the sheer dying and business killing there,” Bishara mentioned, including that Israel’s makes an attempt to persuade the courtroom of its dealing with of the humanitarian state of affairs there have been unconvincing.
Mike Becker, a professor of global regulation at Trinity Faculty, Dublin, mentioned the courtroom could be in a tough place: It could no longer need to order Israeli troops out of Gaza when it can’t give a identical cease-and-desist order to Hamas, which isn’t celebration to the Genocide conference.
“South Africa has executed sufficient to meet the necessities,” Becker mentioned, alluding to Pretoria’s case for an emergency halt order. “However the provisional measures [the court will give] would possibly in large part search to carry Israel to the undertakings that it has made nowadays in terms of humanitarian assist,” he mentioned.

Author: OpenAI