Israel tells ICJ: South Africa 'distorted' facts

Israel today presented its counterarguments in response to South Africa’s genocide case at the International Court of Justice (ICJ) in The Hague.

In his opening remarks, legal adviser Tal Becker told the court that while the civilian suffering was “tragic and heartbreaking”, Hamas sought “to maximise civilian harm to both Israelis and Palestinians, even as Israel seeks to minimise it.”

He added that the allegations outlined by South Africa in its application against Israel under the Genocide Convention gave a “profoundly distorted factual and legal picture.”

He further claimed that “Israel is committed as it must, to comply with the law but it does so in the face of Hamas’s utter contempt of the law. It is also committed, as it must be, to demonstrate humanity, but it does so in the face of Hamas’ inhumanity.”

Israel has pounded the Palestinian enclave since 7 October, killing at least 23,357 Palestinians, mostly women and children, and injuring 59,410 others, according to local health authorities.

Moreover, since October, the Israeli occupation army has deliberately targeted mosques, churches and historical sites in the Gaza Strip in an attempt to erase the religious, cultural, and heritage presence in the territory, and to conceal the historical evidence and Palestinian historical depth in Gaza, according to the Government Media Office.

However, British lawyer Malcolm Shaw defended Israel’s attacks by saying its use of leaflets and phone calls to warn Palestinians of impending strikes demonstrate the opposite of any genocidal motives.

READ: Israel ‘failed to disprove’ genocide case before World Court: South Africa

“Israel’s actions in restricting its targeting practices to attack military personnel or objectives in accordance with international, humanitarian law in a proportionate manner in each case as well as its practice of mitigating civilian harm such as by forewarning civilians of impending actions, by the extensive use of telephone calls, leafleting, coupled with humanitarian assistance all demonstrate the precise opposite of any possible genocidal intent.”

Supporting these claims, attorney Galit Raguan proceeded to list numerous Israeli efforts to facilitate humanitarian aid including ambulances, distribution of food, water and adding that the charge of genocide in the face of these efforts is “untenable.”

Meanwhile, the spokesperson for the Palestinian Ministry of Health in Gaza, Ashraf Al-Qudra, has confirmed today that half a million cases of infectious diseases have been recorded since 7 October. Al-Qudra highlighted the occupation’s destruction of infrastructure, civilian properties and health facilities, as well as the mass executions. These have meant Palestinians are unable to access the medical treatment they need.

In the first 90 days of strikes on Gaza, Israel allowed in only 6,459 trucks of aid, including fuel, into the Strip. Prior to the war on Gaza, while Israel imposed a siege on the enclave, 45,000 trucks would have been allowed in in that same period.

Nevertheless, British barrister, Christopher Staker, slammed South Africa’s request for an immediate military suspension in Gaza as “astonishing” and argued that Pretoria’s efforts were designed to protect Hamas.

“If the proposed measure was granted, South Africa would remain free to aggravate its claimed dispute with Israel and Hamas would not be impeded from escalating its conflict with Israel. The only purpose of this provisional measure appears to be to prevent Israel from responding to any such escalations. Again, there’s no justification for this measure.”

At the conclusion of the hearing, Gilad Noam, Israel’s deputy attorney general for international affairs, argued against the use of provisional measures, citing reasons such as Hamas being designated a terrorist organisation by Israel and other countries.

“For us, provisional measures will lead to a perverse situation. It will effectively allow Hamas to continue attacking the citizens of Israel, to hold 136 hostages in unbearable conditions, to keep tens of thousands of displaced Israelis from returning to their homes and essentially, promote its plan to massacre as many Israelis and Jews as it can.”

President of the ICJ, Joan Donoghue, concluded the two-day hearing by stating that the court will release its decision in the coming days.