Ronald Lamola, South African Minister of Justice, and Vusi Madonsela, South African Ambassador to the Netherlands at the International Court of Justice. Photo: REMCO DE WAAL/AFP
Israel has rejected the genocide charge brought by South Africa to the International Court of Justice, saying it was the victim of attempted genocide by Hamas.
Malcolm Shaw, a British lawyer on the Israeli team defense, told the court on Friday that the accusation brought by South Africa in connection with Israel's war in the Gaza Strip “borders on the outrageous.”
Arguing that Israel's actions in the Gaza Strip show the “opposite” charge is true, Mr Shaw said the October 7 Hamas terrorist attack that sparked the war was a “clear example” of attempted genocide.
South Africa presented its arguments to the UN. court in The Hague on Thursday in a two-day hearing before a panel of seventeen judges.
On Thursday, Thembeka Ngcukaitobi, a South African human rights activist, said “the intent to destroy the Gaza Strip was nurtured at the highest levels of government” and accused Benjamin Netanyahu, the Prime Minister of Israel, that he is among the “inciters of genocide.”
However, Israel's defense team said South Africa had taken quotes from senior Israeli politicians out of context and failed to acknowledge Israel's efforts to reduce civilian casualties.
Malcolm Shaw (right) and Tal Becker (left), representatives of the Israeli defense team, during the opening of the hearings at the International Court of Justice in The Hague. Photo: PATRICK POST/AP
Claiming that Israel had made “unprecedented” efforts to warn civilians of the coming bombing, Mr Shaw said Tel Aviv's attempts to avoid civilian casualties “demonstrate the very opposite of any possible genocidal intent.”
Tal Bekker, legal counsel for Israel's Foreign Ministry, told the court that South Africa's interpretation of events was “grossly distorted.”
“If there were acts of genocide, they were committed against Israel,” he said. . “Hamas seeks genocide against Israel.”
“Israel is waging a defensive war against Hamas, not against the Palestinian people,” Mr. Becker said. “The key component of genocide—the intent to destroy a people in whole or in part—is completely missing.”
Galit Raguan, another member of the Israel Defense Team, emphasized the difficulty Israel faces in confronting an enemy that attacks it from within populated areas .
Lior Hayat, spokesman for the Israeli Ministry of Foreign Affairs (right), at a press conference attended by the Israeli delegation on the International Court of Justice case and relatives of hostages held by Hamas in The Hague. Photo: PETER BOER/BLOOMBERG
Presenting photographic evidence of Hamas's use of hospitals and homes as centers of military operations, Raguan declared that “the harm caused by Hamas's actions does not constitute evidence of genocide.”
Court A decision on possible emergency measures is expected later this month, but at that time it will not rule on genocide charges – a trial that could take years.
Since apartheid, South Africa has long been involved in defense of the Palestinian cause, a relationship that began when the African National Congress's struggle against white minority rule was supported by Yasser Arafat's Palestine Liberation Organization.
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