Israel accused of ‘incontrovertible’ intent to commit genocide in Gaza at ICJ
South Africa accused Israel of “chilling” and “incontrovertible” intent to commit genocide in Gaza on the opening day of a landmark case before the UN’s top court at The Hague.
Calling on the International Court of Justice (ICJ) to order Israel to cease military operations in Gaza, lawyers for South Africa said that Israel has gone beyond its intention to eradicate Hamas and is aiming to bring about the “the destruction” of the besieged territory’s population. Israel was accused of breaching the UN Genocide Convention, with lawyers saying that even the October 7 attack by Hamas on the occupied territories – during which around 1,200 people were killed – could not justify such actions, according to The Independent newspaper.
South Africa’s Justice Minister, Ronald Lamola, opened Thursday’s session saying that Israel has “crossed the line” with its bombardment of Gaza, with health officials in the Palestinian territory putting the death toll at over 23,700 people.
“The intent to destroy Gaza has been nurtured at the highest level of state,” Tembeka Ngcukaitobi, advocate of the High Court of South Africa, told the court. “The evidence of genocidal intent is not only chilling, it is also overwhelming and incontrovertible,” Ngcukaitobi said.
Israel said Friday it was not seeking to destroy the Palestinian people, as it hit back at what it called a “profoundly distorted” and “malevolent” genocide case against it.
Tal Becker, a top lawyer representing Israel, said South Africa had “regrettably put before the court a profoundly distorted factual and legal picture”.
Destruction of
Palestinian life
Lawyers for South Africa told the court that Israel’s military response to Hamas attack has gone beyond what is reasonable. “This killing is nothing short of destruction of Palestinian life,” Adila Hassim, a South African lawyer and member of the delegation, said. “It is inflicted deliberately. No one is spared. Not even newborn babies.”
Post-apartheid South Africa has long defended the Palestinian cause.
Although the court’s findings are considered binding on parties, including both South Africa and Israel, the court has no way to enforce them.
The court is expected to rule on possible emergency measures to halt Israel’s military activities in Gaza later this month, although it will not rule at that time on the genocide allegations. Those proceedings could take years.
In an 84-page filing to the ICJ, South Africa argued that Israel is committing genocide by killing Palestinians in Gaza, causing serious mental and bodily harm, forced evacuation, widespread hunger, and by creating conditions “calculated to bring about their physical destruction.” It also accused Israel of failing to stem incitement to genocide in the public pronouncements of its
officials.
Record daily death toll
The Health Ministry in Gaza said Friday at least 23,708 have been killed in the territory in nearly 100 days of Israel’s onslaught.
The charity Oxfam International said on Thursday that the daily death toll in Gaza was higher than any other major conflict this century.
Oxfam’s Sally Abi Khalil said it is “unimaginable” that the international community stands by as the killing unfolds.
Israeli strikes killed at least 59 people in Gaza overnight Thursday-Friday.