Israel rejected South Africa’s accusation that it was committing genocide in Gaza at the International Court of Justice today.
A day after South Africa brought its legal argument to the Hague – it claimed Israel was aiming to induce “the destruction of the population” of Gaza – Israel presented its defence.
The legal adviser for Israel’s foreign ministry, Tal Becker, told the Hague: “The appalling suffering of civilians, both Israeli and Palestinian, is first and foremost the result of Hamas’ strategy.”
“If there were acts of genocide, they have been perpetrated against Israel. Hamas seeks genocide against Israel,” he added, claiming that Israel is fighting a “war it did not start and did not want”.
Becker also alleged that South Africa “has regrettably put before the court a profoundly distorted factual and legal picture, [and] the entirety of its case hinges on a deliberately curated, decontextualised and manipulative description of the reality of current hostilities”.
“In these circumstances, there can hardly be a charge more false and more malevolent than the allegation against Israel of genocide,” Becker said, while also suggesting the civilian suffering is not enough to reach the Genocide Convention’s specifications.
According to the 1948 Genocide Convention, genocide is “acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group”.
Israel’s legal team called for the court to dismiss the case, and reject South Africa’s request to stop its bombardment of Gaza.
Israel also claimed it was trying to avoid suffering in Gaza by encouraging Palestinians to evacuate.
Later in its defence, Israel claimed South Africa was acting as a mouthpiece for Hamas, the militant Palestinian group behind the October 7 massacre – South Africa has rejected this allegation.
Hamas killed 1,200 people on Israeli soil and took 240 others hostage, thus sparking the current war.
Israel focused on the October 7 attacks, and said the call for it to stop its offensive meant stopping Israel from defending itself.
Associated Press news agency explained: “Even when acting in self-defence, countries are required by international law to follow the rules of war, and judges must decide if Israel has.”
The proceedings around the genocide accusations is expected to take years.
However, the court could make an interim decision to call for Israel to stop its bombardment until the case is finished.
As the UN’s highest court, its decisions are final and without appeal. However, the court has no authority to enforce its rulings – even among the parties legally bound to the ICJ like Israel and South Africa.
Since Israel declared war in the wake of the Hamas massacre, almost all of Gaza’s 2.3 million population has been displaced, and local authorities estimate 23,000 Palestinians have been killed.