Legal battle over allegation of Israeli genocide in Gaza opens at UN court

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The Hague, Netherlands. A legal battle is set to open at the United Nations’ top court over South Africa’s allegation of Israeli genocide in Gaza. Preliminary hearings begin Thursday, focusing on South Africa’s call for an immediate suspension of Israel’s military actions, a claim vehemently denied by Israel.

The case, likely to be a lengthy process, delves into Israel’s national identity as a Jewish state formed after the Holocaust and South Africa’s comparison of Israel’s policies to its own apartheid history. Despite Israel’s usual skepticism towards international tribunals, it has assembled a robust legal team to defend its actions in response to the Oct. 7 attacks by Hamas.

Two days of preliminary hearings start with South Africa presenting why it accuses Israel of “genocidal” acts in the Gaza war. Thursday’s hearing centers on South Africa’s request for binding interim orders, including an immediate halt to Israel’s military campaign. The decision on these orders is expected to take weeks.

Israel’s offensive in Gaza, according to Hamas-run Gaza’s Health Ministry, has resulted in over 23,200 Palestinian deaths, with about two-thirds being women and children. The current case specifically references the Oct. 7 attack, where Palestinian militants killed around 1,200 people, mainly civilians.

U.S. Secretary of State Antony Blinken dismissed the case during his visit to Tel Aviv, labeling it as “meritless.” The International Court of Justice has never declared a country responsible for genocide, making the legal threshold challenging for South Africa.

The case revolves around the genocide convention of 1948, with both Israel and South Africa as signatories. South Africa aims to establish Israel’s responsibility for violations, hold it accountable under international law, and ensure protection for Palestinians in Gaza.

South Africa’s legal team, including Jeremy Corbyn, will present arguments, while Israel’s team will refute the allegations. Human Rights Watch sees this as an opportunity to examine Israel’s conduct in Gaza, hoping to alleviate further suffering.

The UN court, headquartered in The Hague, deals with disputes between nations. Next month, Israel faces another hearing on a UN request for a non-binding advisory opinion on the legality of its policies in the occupied West Bank and East Jerusalem.

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Si Venus L Peñaflor ay naging editor-in-chief ng Newsworld, isang lokal na pahayagan ng Laguna. Publisher din siya ng Daystar Gazette at Tutubi News Magazine. Siya ay isa ring pintor at doll face designer ng Ninay Dolls, ang unang Manikang Pilipino. Kasali siya sa DesignCrowd sa rank na #305 sa 640,000 graphic designers sa buong daigdig. Kasama din siya sa unang Local TV Broadcast sa Laguna na Beyond Manila. Aktibong kasapi siya ng San Pablo Jaycees Senate bilang isang JCI Senator.