South Africa Accuses Israel of Genocide Against Palestinians in UN Court
Judges preside over the opening of the hearings at the International Court of Justice in The Hague, Netherlands, on Thursday. The United Nations’ top court opens hearings Thursday into South Africa’s allegation that Israel’s war with Hamas amounts to genocide against Palestinians, a claim that Israel strongly denies.
South Africa’s Accusation
In a case that strikes at the heart of Israel’s national identity, South Africa formally accused the country of committing genocide against Palestinians and pleaded Thursday with the United Nations’ top court to order an immediate halt to Israeli military operations in Gaza. Israel, which was founded in the aftermath of the Holocaust, has vehemently denied the allegations. As a sign of how seriously they regard the case, Israeli leaders have taken the rare step of engaging with the court to defend their international reputation. Israel often boycotts international tribunals or U.N. investigations, saying they are unfair and biased.
Opening Arguments by South African Lawyers
During opening arguments at the International Court of Justice, South African lawyers said the latest Gaza war is part of decades of Israeli oppression of Palestinians. The court “has the benefit of the past 13 weeks of evidence that shows incontrovertibly a pattern of conduct and related intention” that amounts to “a plausible claim of genocidal acts,” South African lawyer Adila Hassim told the judges and audience in a packed room of the Peace Palace in The Hague.
Israel’s Defense
Israel has focused attention on the Oct. 7 attacks, when Hamas fighters stormed through several communities and killed some 1,200 people, mainly civilians. They abducted around 250 others, nearly half of whom have been released. Although the court’s findings are considered binding, it was unclear whether Israel would heed any order to halt the fighting. If it doesn’t, it could face U.N. sanctions, although those may be blocked by a U.S. veto. Israel says it is battling a fierce enemy that carried out the deadliest attack on its territory since its creation in 1948. Israeli leaders insist they are following international law and doing their utmost to avoid harm to civilians. The country blames Hamas for the high death toll, saying its enemy operates in residential areas.
Protests and Public Opinion
Ahead of the proceedings, hundreds of pro-Israeli protesters marched close to the courthouse with banners saying “Bring them home,” referring to the hostages still being held by Hamas. At a separate demonstration nearby, pro-Palestinians protesters waved flags calling for an end to “Israeli apartheid” and the adoption of a cease-fire. Chanting by protesters on the streets around the court’s manicured grounds could sometimes be heard in the courtroom.
Implications and Future Proceedings
The case targets the center of Israeli identity and the country’s creation as a Jewish state in the aftermath of the Nazi Holocaust, which killed 6 million Jews. It also evokes issues central to South Africa’s own identity: Its governing party, the African National Congress, has long compared Israel’s policies in Gaza and the West Bank to its own history under the apartheid regime of white minority rule, which restricted most Blacks to “homelands” before ending in 1994. A decision on South Africa’s request for so-called “provisional measures” will probably take weeks. The case is likely to last years. Israel will be back on the International Court of Justice’s docket next month, when hearings open into a U.N. request for an advisory opinion on the legality of Israeli policies in the West Bank and east Jerusalem.