A day after South Africa offered opening arguments in a politically explosive case that could drag on for years, Israel called it a profound distortion to claim that it is waging genocide against Palestinians in Gaza.
Lawyers for Israel rejected South Africa's allegations on Friday, during the second day of closely watched court hearings before the International Court of Justice.
South Africa filed the case on Dec. 29, citing the 1951 Genocide Convention. The post-World War II convention has been used previously in cases involving Bosnia and Serbia, Gambia and Myanmar, and Russia’s war in Ukraine.
“The attempt to weaponize the term 'genocide' against Israel in the present context does more than tell the court a grossly distorted story and it does more than empty the word of its unique force and special meaning,” said Tal Becker, a legal adviser for Israel’s foreign ministry.
“It subverts the object and purpose of the convention itself," he said, "with ramifications for all states seeking to defend themselves against those who demonstrate total disdain for life and for the law."
Justices for the top U.N. court at The Hague first heard South Africa's arguments on Thursday before listening to Israel's rebuttal the next day. South Africa requested that the court take emergency measures to halt the killing in Gaza, but it will likely take years before a final ruling will be given.
Evidence from three months of Israel's war against Hamas in Gaza shows a pattern of conduct and intention that represents “a plausible claim of genocidal acts,” South African lawyer Adila Hassim told the court. South African lawyer Tembeka Ngcukaitobi said Israel shows "genocidal intent" against Palestinians in Gaza.
"That is evident from the way in which this military attack is being conducted," Ngcukaitobi told the court. “As we stand today, 1% of the Palestinian population in Gaza has been systematically decimated. And 1-in-4 Gazans have been injured since October 7. These two elements alone are capable of evidencing Israel’s genocidal intent in relation to the whole or part of the Palestinian population in Gaza.”
The case has since gained the backing of Bolivia, Brazil, Colombia, Jordan, Malaysia, the Maldives, Namibia, Pakistan, Turkey, and Venezuela, along with the Arab League and the Organization of Islamic Cooperation.
Netanyahu: 'An upside-down world'
The world court was set up in 1945 to settle disputes among nations, and its judgements are legally binding and cannot be appealed.
In March 2022, the court ordered Russia to suspend its full-scale invasion of Ukraine. Though it has no way of enforcing its orders, the court issues advisory opinions that carry legal weight and moral authority around the world.
In its case, South Africa also said Israel failed to "provide or ensure essential food, water, medicine, fuel, shelter and other humanitarian assistance for the besieged and blockaded Palestinian people."
A final ruling on the case will take years, but South Africa asked the court for emergency measures seeking to compel Israel to cease its military campaign in Gaza where at least 22,835 Palestinians have been reported killed.
“Nothing will stop the suffering except an order from this court,” Hassim said.
Prime Minister Benjamin Netanyahu, who declared Israel is at war with Hamas, called the case an example of "an upside-down world" when it is "fighting genocide" by defending itself against Hamas militants who killed 1,200 Israelis and took 240 hostages in an Oct. 7 surprise attack.
Israel's main ally, the United States, also has attacked South Africa's claims. U.S. National Security Council spokesperson John Kirby called the case “meritless, counterproductive, and completely without any basis in fact whatsoever.”
This story has been updated with additional details.
