Israel to contest South Africa's genocide allegations at ICJ

CAIRO - 2 January 2024: Israel has decided to appear before the International Court of Justice in The Hague to counter a legal suit filed by South Africa, accusing Israel of committing genocide in the Gaza Strip.

The Israeli newspaper Yedioth Ahronoth reported that Israel intends, in an unprecedented move, to appear before the court and demand the rejection of South Africa's request for a provisional court order against it. This order would require the immediate suspension of its military operations in Gaza.

According to Tsachi Hanegbi, the head of Israel's National Security Council, Israel has been a signatory to the Genocide Convention for decades and will certainly not boycott the discussion. He mentioned that Israel would appear before the court and refute the baseless lawsuit, which he described as a blood libel.

Prior to this decision, heated discussions on how to deal with the lawsuit, involving Prime Minister Benjamin Netanyahu, occurred in the Israeli military as well as in the ministries of foreign affairs, defense, and justice.

South Africa said in its lawsuit that Israel's actions constituted genocide and thus violated its obligations under the Genocide Convention. In response, Hanegbi highlighted the Jewish people's suffering from genocide during World War II, asserting that Israel is now practicing the right to defend itself against those seeking its destruction. He labeled the accusation as a disgrace, and expected all civilized countries to agree with their assertion.

Israel's decision to appear before the court with a request to dismiss the provisional order was issued about one to one and a half months after submission. Israeli efforts are now focused on thwarting any provisional order that might compel Israel to cease-fire in Gaza, including through using diplomatic pressure tools to rally countries against South Africa's legal claim.

The newspaper Haaretz reported that a senior Israeli legal expert dealing with this matter warned top Israeli military officials, including Chief of Staff Herzi Halevi, about the real risk of the court issuing an order forcing Israel to stop the fighting, noting that Israel is bound by the court's rulings.

In its request to the court, South Africa stated that Israel is committing genocide in the Gaza Strip and does not hold those who incite genocide accountable. Israel was also accused of the indiscriminate use of force and forced displacement of the population in Gaza, stating that some of Israel's reported actions are crimes against humanity and war crimes, as well as acts that meet the fundamental criteria for the definition of genocide.

South Africa has asked the court to discuss the matter in the coming days and is sue a provisional order against Israel, calling for a ceasefire in the Gaza Strip. The request argues that this step is necessary to protect Palestinians from further irreparable harm.

Additionally, South Africa requested the court to order Israel to allow displaced Palestinians in the Gaza Strip to return to their homes; to cease depriving them of food, water, and humanitarian aid; to ensure that Israelis do not incite genocide and punish those who do; and to allow an independent investigation into Israel's military operations.

In response, Israel accused South Africa of blood libel, stating that the request lacks factual and legal basis and constitutes a despicable and cheap exploitation of the court. The Israeli Ministry of Foreign Affairs' statement claimed that South Africa is collaborating with a terrorist organization that calls for the destruction of the State of Israel.

It alleged that Hamas is the one committing war crimes and crimes against humanity and attempted to commit genocide on October 7, holding it responsible for the suffering of Palestinians in the Gaza Strip when it uses them as human shields and steals humanitarian aid from them. Regarding targeting civilians, the ministry mentioned that Israel is committed to international law, and directs its military efforts only against Hamas and cooperating terrorist organizations.

The statement clarified that the residents of the Gaza Strip are not the enemy, and efforts are being made to minimize harm to non-participants and allow the entry of humanitarian aid into the sector.