The legal battle over whether Israel's military actions against Hamas in Gaza constitute genocide is set to unfold at the United Nations' top court. The preliminary hearings, commencing today, will delve into South Africa's call for an immediate suspension of Israel's military operations. At the core of the case lies a profound challenge to Israel's national identity as a Jewish state established in the aftermath of the Holocaust. This historic confrontation also invokes South Africa's past, with its ruling African National Congress party drawing parallels between Israel's policies in Gaza and the West Bank and its own experiences under the apartheid regime, which ended in 1994. Israel denies the claims.
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"I think they have come because they want to be exonerated and think they can successfully resist the accusation of genocide," remarked Juliette McIntyre, an expert on international law at the University of South Australia, reflecting on Israel's decision to actively engage in the ICJ proceedings, as reported by AP.
The legal proceedings opened with South Africa's legal representatives presenting comprehensive arguments outlining their accusations against Israel, describing the alleged acts as having "genocidal character." The core focus of the opening hearing was South Africa's impassioned plea to the court for binding interim orders, including an immediate cessation of Israel's military campaign. A final decision on these orders is anticipated in the coming weeks.
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"It is particularly galling, given that those who are attacking Israel — Hamas, Hezbollah, the Houthis, as well as their supporter Iran — continue to call for the annihilation of Israel and the mass murder of Jews," vehemently dismissed U.S. Secretary of State Antony Blinken during his recent visit to Tel Aviv, branding the case as "meritless."
In a rare move, Israel, known for its skepticism towards U.N. and international tribunals, has assembled a formidable legal team to vigorously defend its military operations triggered by the October 7 attacks from Hamas. The Israeli Foreign Ministry labeled South Africa's case as a "despicable and contemptuous exploitation" of the court.
The death toll from Israel's offensive in Gaza remains a contentious point, with the Health Ministry in Hamas-run Gaza reporting over 23,200 Palestinian casualties. South Africa asserts that Israel's actions are genocidal, while Israel maintains its adherence to international law, emphasizing its focus solely on targeting Hamas and minimizing harm to civilians.
"South Africa will have a hard time getting over the threshold of proving genocide," opined McIntyre. She emphasized that proving genocide necessitates not just significant casualties but an evident intent to destroy a specific group of people based on race or religion in a particular place.
Former U.K. opposition leader Jeremy Corbyn, a long-time advocate for the Palestinian cause, is part of South Africa's delegation, adding a political dimension to the proceedings. Human Rights Watch views these hearings as a rare opportunity for international scrutiny of Israel's actions within the framework of a U.N. courtroom.
