South Africa in a landmark court case on Thursday accused Israel of violating the United Nations Genocide Convention, saying not even the Hamas attack on October 7 could justify the events in Gaza. Pretoria has urgently appealed to the highest court of the UN to order Israel to “immediately suspend its military operations” in the Gaza Strip.
It’s Israel that ‘fights genocide,’ Netanyahu responds
Israel “is accused of genocide at a time when it is fighting genocide”, Israeli Prime Minister Benjamin Netanyahu took offense on Thursday, whose country is accused by South Africa of being guilty of it in its war against Hamas Palestinian in Gaza.
“A terrorist organization has committed the worst crime against the Jewish people since the Holocaust and now someone is coming to defend it in the name of the Holocaust. What nerve!” Benjamin Netanyahu responded in a statement. The International Court of Justice (ICJ) held its first hearing in The Hague on Thursday, seized by South Africa, which accuses Israel of violating the United Nations Convention on Genocide.
Israel, which will speak on Friday before the magistrates of the International Court of Justice (ICJ), which sits in The Hague, described the case as “absurd” and “atrocious” and accused Pretoria on Thursday of behaving like ” the legal arm of the terrorist organization Hamas. “South Africa seeks to enable Hamas to recommit the war crimes, crimes against humanity, sexual crimes that they repeatedly committed on October 7,” according to a statement from the Israeli Ministry of Defense. Foreign Affairs.
“No armed attack (…) can justify a violation of the Convention”
The war between Israel and Hamas was triggered by an unprecedented attack on October 7, 2023 by the Palestinian Islamist movement Hamas on Israeli soil which left around 1,140 dead, mainly civilians, according to an AFP count based on the Israeli toll. . In retaliation, Israel vowed to “annihilate” Hamas in power in Gaza and launched an offensive in this Palestinian territory which left at least 23,469 dead, mostly women, adolescents and children, according to Hamas’ latest report. .
“No armed attack on the territory of a State, however serious it may be (…) can justify a violation of the Convention”, affirmed the South African Minister of Justice, Ronald Lamola, before the ICJ. “Israel’s response to the October 7 attack crossed this line and gave rise to violations of the Convention,” argued Ronald Lamola. “We are not presenting any case on behalf of Hamas, this statement is baseless, we are doing this on behalf of the Palestinians, the children, the women and the elderly who are being killed in Gaza,” he added to reporters. at the end of the hearing.
South Africa denounces “destruction of Palestinian lives”
According to Pretoria, Israel is breaking its commitments made under the United Nations Convention on Genocide, signed in 1948 following the Holocaust. Israel’s bombing campaign aims at “the destruction of Palestinian lives” and pushes Palestinians “to the brink of famine”, said Adila Hassim, a lawyer for South Africa.
“Genocides are never declared in advance, but this court has the benefit of the last 13 weeks of evidence that indisputably shows a pattern of behavior and intent that justifies a plausible allegation of genocidal acts,” he said. she declared before the judges. As a co-signatory of the convention, Pretoria can sue Israel before the ICJ, which rules on disputes between states.
The African National Congress (ANC), in power in South Africa, has long supported the Palestinian cause. Former South African president and hero of the anti-apartheid struggle Nelson Mandela said that South Africa’s freedom would be “incomplete” without that of the Palestinians. Pretoria also indicated that it was “fully aware” of the “particular weight of responsibility” represented by accusing Israel of violating the Genocide Convention and “unequivocally” condemned the Hamas attack.
There is “nothing more atrocious and absurd” than these accusations, Israel defends
The Israeli president said there was “nothing more atrocious and absurd” than Pretoria’s accusations. “We will be before the International Court of Justice and we will proudly present our case of self-defense (…) under international humanitarian law,” added Isaac Herzog. According to him, the Israeli army is “doing everything possible, under extremely complicated circumstances on the ground, to ensure that there will be no unintended consequences or civilian casualties.”
Washington supports its ally Israel and considers that the accusations made by Pretoria are “unfounded”. “In fact, it is those who violently attack Israel who continue to openly call for the annihilation of Israel and the massacre of Jews,” State Department spokesman Matthew Miller said.
The ICJ can rule in a few weeks
As this is an emergency procedure, the ICJ could rule in a few weeks. Its decisions are final and legally binding, but it has no power to enforce them. For example, she ordered Russia to suspend its invasion of Ukraine. A court ruling against Israel, however, would increase political pressure on the country, and could potentially serve as a pretext for sanctions. It can take years to fully resolve the case before the ICJ.
In The Hague, police separated pro-Israeli and pro-Palestinian demonstrators, carrying signs saying: “End Israeli apartheid.” Israeli leaders “explicitly expressed their contempt for the lives of Palestinian civilians,” said Zohar Janovitch, 40. “It’s a shame that Israel, which is doing everything right and is being attacked by Hamas, is now facing a trial,” replied Ada Deyl, an 80-year-old retiree.