Israel defends itself at UN’s top court amid genocide allegations

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THE HAGUE, Netherlands. Israel faced accusations of committing genocide against Palestinians at the United Nations’ highest court, where the country asserted that its actions in Gaza were a legitimate defense against Hamas militants. The case, initiated by South Africa, marked one of the most significant before an international court, prompting Israel to send a high-level legal team to present its defense.

Israeli legal advisor Tal Becker, speaking at The Hague’s Palace of Peace, emphasized that the conflict was a “war it did not start and did not want.” The accusations from South Africa were dismissed as hypocritical, with Israel arguing that the war in Gaza was a response to Hamas’ October 7 attack, which resulted in the death of approximately 1,200 people and the hostage-taking of around 250.

Israel concentrated on detailing the brutality of the October 7 attacks during the hearings, presenting video and audio evidence. Becker described the incidents, alleging that Hamas militants “tortured children in front of parents and parents in front of children, burned people, including infants alive, and systematically raped and mutilated scores of women, men, and children.”

South Africa sought an immediate halt to Israeli military operations in Gaza, but a decision on this request is expected to take weeks. The full case could extend over years, and compliance with any court orders remains uncertain.

While the hearings concluded, International Court of Justice (ICJ) President Joan E. Donoghue stated that the court would rule on the urgent measures request “as soon as possible.” Israel, known for boycotting international tribunals, deemed this case significant, fearing potential negative impacts on the country’s international standing.

Becker dismissed the accusations as crude and attention-seeking, stating, “We live at a time when words are cheap in an age of social media and identity politics.” He argued that if there were genocidal acts, they were perpetrated against Israel, pointing to Hamas’ “proudly declared agenda of annihilation.”

The case involves more than 23,000 reported deaths in Gaza during Israel’s military campaign, according to the Health Ministry in the Hamas-run territory. South Africa contends that this amounts to genocide and is part of decades of Israeli oppression against Palestinians.

As the court weighs the request for urgent measures, potential non-compliance by Israel could lead to U.N. sanctions, with the possibility of a U.S. veto. The case reflects the deep-rooted conflict in one of the world’s most challenging geopolitical scenarios, prompting demonstrations outside the court by pro-Israeli and pro-Palestinian groups.

The case also touches on the national identities of both Israel and South Africa, with historical comparisons drawn to events such as the Holocaust and South Africa’s apartheid era. The ICJ, which adjudicates disputes between nations, has never before held a country responsible for genocide, coming closest in a 2007 ruling related to the Srebrenica massacre.

Protesters waving flags and pictures of the hostages kidnapped during the Oct. 7 Hamas cross-border attack in Israel, attend a protest outside the International Court of Justice in The Hagues, Netherlands, Friday, Jan. 12, 2024. The United Nation’s top court opened hearings Thursday into South Africa’s allegation that Israel’s war with Hamas amounts to genocide against Palestinians, a claim that Israel strongly denies. (AP Photo/Patrick Post)
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Gary P Hernal

Gary P Hernal started college at UP Diliman and received his BA in Economics from San Sebastian College, Manila, and Masters in Information Systems Management from Keller Graduate School of Management of DeVry University in Oak Brook, IL. He has 25 years of copy editing and management experience at Thomson West, a subsidiary of Thomson Reuters.