Hague Tribunal: South Africa Accuses Israel of Genocide

A hearing on Friday (12) concluded two days of argument presentation in a case brought by South Africa, a long-time critic of Israel’s treatment of Palestinians, against Israel for the alleged crime of genocide against the Palestinian people since the onset of the war in the Gaza Strip, following Hamas’s attack on Israel on October 7, 2023. The case is being heard before the International Court of Justice of the United Nations in The Hague, Netherlands.What evidence does South Africa present to support its genocide accusation?In nearly three hours of testimony, lawyers and experts representing South Africa presented evidence arguing that Israel’s three-month military campaign in Gaza went beyond a war against Hamas – the Palestinian militant group killed 1,200 people and took 240 hostages, according to Israel. The South African legal team argued that Israel’s offensive encompasses all 2 million Palestinians residing in Gaza. “Nowhere is safe in Gaza,” said South African lawyer Adila Hassim in court. “At the moment I stand before you today, 23,210 Palestinians have been killed by Israeli forces during the ongoing attacks over the past three months,” Hassim continued, “at least 70% of whom are believed to be women and children.”Hassim stated that Israeli military forces dropped 6,000 bombs per week on Gaza in the first three weeks of the campaign and dropped 2,000-pound bombs in areas declared safe by Israel, including refugee camps. As a result, she said, over 1,800 families in Gaza lost multiple members, and 85% of all Gaza residents were forced to flee their homes.How does Israel defend itself against the genocide accusations?Netanyahu quickly responded to South Africa’s testimony. “The hypocrisy of South Africa knows no bounds,” he said in a video statement immediately after the first day of testimony in The Hague. “The State of Israel is accused of genocide at a time when it is fighting against genocide.”In Israel’s initial arguments before the court on Friday, Israeli lawyer Tal Becker stated that Israel is “singularly aware” of why the Genocide Convention was adopted, referring to the systematic murder of 6 million Jews in the Holocaust, which gave rise to the convention invoked in this case. Becker told the court that South Africa’s case relies on a “deliberately curated, decontextualized, and manipulative description of the reality of the current hostilities,” and that the country intentionally ignored Hamas’s role in Israel’s military response. Becker told the court that if Hamas surrenders and releases the hostages, Israel’s hostilities against the group will cease. Israeli representatives acknowledged the suffering of civilians in Gaza but argued that there is no genocidal intent. The civilian cost, Israel argued, is a consequence of Hamas’s practice of waging war among non-combatants.What are the next steps?A decision may take years to arrive. On Thursday (11), South Africa dedicated much of its three-hour testimony to persuading the court to issue a provisional ruling, similar to an emergency injunction, through which the court could instruct Israel to halt its military campaign in Gaza and allow more aid to reach the Palestinians. Any provisional ruling could occur within weeks, but it is unclear whether Israel would comply with such a decision.Brazil supports South Africa’s complaint against IsraelThis support was announced by the Ministry of Foreign Affairs in a press release shortly after President Lula met with the Palestinian ambassador to Brazil, Ibrahim Alzeben, to discuss the situation of Palestinians in the Gaza Strip and the West Bank. “In light of the flagrant violations of international humanitarian law, President Lula expressed his support for South Africa’s initiative. This initiative aims to seek action before the International Court of Justice to order Israel to immediately cease all acts and measures that may constitute genocide or related crimes under the Convention on the Prevention and Punishment of the Crime of Genocide,” states the note from the Ministry of Foreign Affairs.United States calls the case ‘meritless’The U.S. Secretary of State, Antony Blinken, said on Tuesday (9) that Israel was referred to the International Court of Justice for alleged genocide during the war in Gaza on a “meritless” claim. The Biden administration, he said, believes that the submission against Israel “distracts the world” from efforts on how to protect the hostages still in Hamas’s power since the group’s attacks against Israel, to address the humanitarian crisis in the Gaza Strip, and to prevent the conflict from spreading.Source: NPR and Agência Brasil