Israel presents its defence against genocide in Gaza on second day of ICJ hearings
Israel is presenting its response to South Africa's genocide case at the International Court of Justice (ICJ) on Friday, a day after Pretoria pleaded with judges to issue an interim order demanding Israel halt its offensive in the embattled territory.
Israel has rejected the accusations of genocide as "baseless" and has accused South Africa of acting as an emissary of the Hamas.
In his opening statement for Israel, legal adviser of the Israeli Ministry of Foreign Affairs, Tal Becker, said that Israel is in a "war of defence" against Hamas in response to the 7 October attack, and that South Africa's request to stop Israel attacking Gaza "cannot stand."
The Israeli advocate rejected South Africa's description that the suffering in Gaza is "unparalleled and unprecedented."
"What is unparalleled is the degree to which Hamas has entrenched itself in the civilian population.," adding that Hamas has systematcally and unlawfully embedded its military operations, fighters and assets throughout Gaza," he said.
Becker said that South Africa is attempting to weaponise the term "genocide" against Israel, and that the case made yesterday "ignored" the "wholesale massacre" committed by Hamas on 7 October.
"The entirety of its case hinges on a deliberately curated, decontextualised and manipulative description of the reality of current hostilities," he said.
He did not address in detail the genocide claims that South Africa says Israel is committing in its assault on Gaza.
Malcolm Shaw, Israel's next legal representative concluded that "there is no genocide," as evidence of Israel's genocidal intent is lacking, while its intention to defend itself '"certainly exists."
If there was any evidence of genocidal activity, he said, it was during Hamas's attack on 7 October.
He added that any attempts to reduce civilian deaths have gone "unnoticed" and mitigate against any allegation of genocidal intent.
He said that if Israeli forces has acted unlawfully during its assault on Gaza, their actions would be dealt with by “Israel’s robust and independent legal system."
In October, Israel’s Defence Minister Yoav Gallant said : “We will eliminate everything… Gaza won’t return to what it was before.”
The third lawyer to represent Israel, Galit Raguan blamed extensive civilian deaths is a result of Hamas's "strategy of embedding itself in the civilian population."
"Urban warfare will always result in tragic deaths harm and damage," Raguan said. But in the case of Gaza, she argued, this was "exacerbated because these were the desired outcomes of Hamas."
South African lawyer Adila Hassim told judges at The Hague on Thursday that "genocides are never declared in advance, but this court has the benefit of the past 13 weeks of evidence that shows incontrovertibly a pattern of conduct and related intention that justifies as a plausible claim of genocidal acts."
"Israel deployed 6,000 bombs per week … No one is spared. Not even newborns. UN chiefs have described it as a graveyard for children," she said.
"Nothing will stop the suffering except an order from this court."
South Africa submitted its case against Israel at the ICJ last month and has said Israel's actions in Gaza are "genocidal in character because they are intended to bring about the destruction of a substantial part of the Palestinian national, racial and ethnic group".
Tembeka Ngcukaitobi, another South African lawyer at the hearing, said Pretoria was not alone in drawing attention to Israel's genocidal rhetoric.
Ngcukaitobi said that at least 15 UN special rapporteurs and 21 members of the UN working groups have warned that what is happening in Gaza reflects a genocide in the making.
He added that genocidal intent was evident in the way Israel's military was conducting attacks, including the targeting of family homes and civilian infrastructure.
"Israel's political leaders, military commanders and persons holding official positions have systematically and in explicit terms declared their genocidal intent," he added.
Ngcukaitobi said the "genocidal rhetoric" had become common within the Israeli Knesset, with several MPs calling for Gaza to be "wiped out, flattened, erased and crushed".
On Wednesday, Nissim Vaturi, a member of Israel's ruling Likud party, said it was a "privilege" for his country to appear at The Hague as he doubled down on earlier remarks where he said there are "no innocent people" in Gaza.
During Thursday's proceedings, Professor Max du Plessis, another lawyer representing South Africa, said Israel had subjected the Palestinian people to an oppressive and prolonged violation of their rights to self-determination for more than half a century.
Du Plessis added that based on materials shown before the court, the acts of Israel are plausibly characterised as genocidal.
"South Africa's obligation is motivated by the need to protect Palestinians in Gaza and their absolute rights not to be subjected to genocidal acts," he said.
Genocide cases, which are notoriously hard to prove, can take years to resolve, but South Africa is asking the court to speedily implement "provisional measures" and "order Israel to cease killing and causing serious mental and bodily harm to Palestinian people in Gaza."
The court's decisions are typically recognised by member countries, but the ICJ has few means of enforcing them. Any outcome is therefore likely to be symbolic.
In 2004, the court issued a non-binding opinion that Israel’s construction of its concrete barrier wall in the occupied West Bank was illegal and that it should be dismantled. More than 20 years later, walls and fences are still standing.