Israel is facing allegations of genocide at the United Nations’ highest court

The International Court of Justice recently initiated a two-day legal hearing on allegations brought by South Africa against Israel. South Africa accuses Israel of committing genocide during its military campaign in Gaza, which Israel firmly denies.

During the proceedings, South African lawyers urged the court to enforce immediate provisional measures to halt Israel’s military activities in Gaza. ICJ President Joan E. Donoghue summarized South Africa’s argument, stating that Israel’s actions following the Hamas attacks on October 7 are characterized as genocidal. South Africa contends that Israel is not only committing genocide but also failing to prevent it, violating the Genocide Convention’s core principles.

Simultaneously, the public response was evident outside the court, with pro-Israeli demonstrators advocating for the return of hostages held by Hamas, while others showed support for South Africa’s stance by displaying Palestinian flags.

The case touches on sensitive aspects of both nations’ histories. Israel, established post-Holocaust, and South Africa, with its apartheid past, find themselves at a complex crossroads. Despite Israel’s usual stance of questioning the fairness of UN and international courts, it has engaged a robust legal team for defense.

Israeli Prime Minister Benjamin Netanyahu, in a video statement, defended Israel’s military actions, emphasizing that their fight is against Hamas terrorists, not Palestinian civilians, and is conducted in accordance with international law. He also highlighted the Israeli military’s efforts to minimize civilian casualties, contrasting it with Hamas’s use of civilians as shields.

The Palestinian Authority has called for immediate action from the court to protect Palestinians and halt Israel’s aggression, emphasizing the need for a legal resolution.

The hearing involves South African lawyers presenting arguments for the genocide accusation and Israel’s legal team responding. While Israel continues its military operation, the Palestinian Health Ministry reports significant casualties in Gaza, with a majority being women and children. Conversely, the October 7 Hamas attack in Israel resulted in numerous deaths and abductions.

U.S. Secretary of State Antony Blinken criticized the allegations as baseless during his visit to Tel Aviv, highlighting the irony of the accusers themselves calling for Israel’s destruction.

The International Court of Justice has not previously declared a nation responsible for genocide. The court’s decision, which will take weeks, could have significant implications. The case also focuses on the genocide convention, a post-World War II measure addressing the destruction of groups based on race or religion.

Human Rights Watch sees the hearings as an opportunity for legal examination of Israel’s actions in Gaza, potentially impacting future conduct and alleviating suffering.