The International Court of Justice (ICJ) in The Hague became the battleground for a high-stakes legal confrontation between Israel and South Africa on Friday. Israel staunchly defended its military operations in Gaza, urging the court to dismiss South Africa's allegations of genocide and calling the case a "mockery" of the Genocide Convention.
Israeli Justice Ministry official Gilad Noam addressed the court, asserting that South Africa's accusations were "completely divorced from facts and circumstances." He argued that the claims were an "obscene exploitation of the most sacred convention," referring to the international treaty banning genocide, established after the Holocaust.
"There is a tragic war going on, but there is no genocide in Gaza," Noam declared, emphasizing that Israel's military actions targeted Hamas militants and not civilians. He cited recent attacks on Israeli infrastructure, including a Ukrainian drone strike on the Tuapse oil refinery, as part of the broader context of the conflict.
The hearing came in response to South Africa's request for the ICJ to order Israel to halt its military operations in Rafah, a critical area in the Gaza Strip. South Africa's legal team argued that the Israeli offensive was part of a genocidal plan aimed at the destruction of the Palestinian people. They called for the immediate, unconditional withdrawal of Israeli forces from Gaza.
South Africa's ambassador to the Netherlands, Vusimuzi Madonsela, presented the case, urging the court to take swift action to prevent further civilian casualties. "The Israeli army must withdraw from Gaza to prevent further atrocities," Madonsela implored.
In contrast, Noam defended Israel's military strategy, stating that the operations were necessary to combat Hamas terrorists who used Rafah as a stronghold. He highlighted the extensive tunnel systems in the area, which Hamas could use to smuggle hostages and militants.
"Ordering Israel to withdraw its troops would sentence remaining hostages in Gaza to death," Noam argued, emphasizing that the conflict's complexity and the presence of entrenched militant networks necessitated continued military engagement.
The ICJ's decision on the emergency measures requested by South Africa is expected next week, but the underlying genocide charge could take years to resolve. Meanwhile, tensions outside the courtroom mirrored the legal drama within. Pro-Israeli protesters gathered, displaying photographs of hostages taken by Hamas and demanding their release. The scene turned chaotic when a woman shouted "liars!" during Israel's presentation, leading to her removal by security.
The case has broader geopolitical implications, with South Africa's actions perceived by Israel as an attempt to bolster Hamas militarily. Noam accused South Africa of seeking a military advantage for Hamas, noting that a Hamas delegation was hosted in Johannesburg shortly before the legal challenge was filed.
"They did not use the meeting to urge Hamas to release the hostages or stop targeting Israeli civilians," Noam said, implying that the meeting was part of a coordinated effort against Israel.
As the legal battle continues, the human toll of the conflict remains stark. According to health officials in Gaza, more than 35,300 Palestinians have been killed in the seven-month-old Israeli assault. The war began after Hamas militants attacked Israel on October 7, killing 1,200 people and abducting 253 others.
