San Diego Union-Tribune

ISRAEL FACES GENOCIDE CHARGE OVER THE WAR AGAINST HAMAS

S. African lawyers make their case to internatio­nal court

- BY RONI CARYN RABIN, HIBA YAZBEK & THOMAS FULLER Rabin, Yazbek and Fuller write for The New York Times.

After three months besieging and bombarding the Gaza Strip in its war against Hamas, Israel faced a charge of genocide at the Internatio­nal Court of Justice on Thursday, as South Africa argued that Israel “means to create conditions of death” in Gaza, and demanded the court order an emergency suspension of the military campaign.

Presenting their case to a packed courtroom in The Hague, South African lawyers offered as evidence the words of Israeli officials, including Defense Minister Yoav Gallant, who said in October that Israel would impose a complete siege on the territory because it was fighting “human animals.”

Israel categorica­lly denies the genocide accusation, and is set to present its defense today, the second part of the two-day hearing in the United Nations’ top judicial body. The hearings will be the first time that Israel has chosen to defend itself in person in such a setting, a sign of the high stakes of the moment, with Israel’s internatio­nal reputation falling around much of the world over its campaign’s toll in Gaza.

Prime Minister Benjamin Netanyahu of Israel described the proceeding­s Thursday as “an upsidedown world,” in which his country faced such charges.

“Israel is accused of genocide at a time when it is fighting against genocide,” he said, referring to the war in Gaza, which began after Hamas and other armed groups carried out attacks on Oct. 7 that killed about 1,200 people and led to about 240 being taken hostage, according to Israeli officials.

Genocide is among the most serious crimes of which a country can be accused, and the allegation carries particular significan­ce in Israel, founded after the slaughter of Jews in the Holocaust. While the South African government maintains that it is pursuing its case to stop a genocide, analysts say it is also motivated by longstandi­ng domestic support for the Palestinia­n cause dating to the presidency of Nelson Mandela, a fervent supporter of Palestinia­n rights.

To constitute genocide, there must be a proven intent on the part of perpetrato­rs to physically destroy — in whole or in part — a national, ethnic, racial or religious group, according to the U.N. genocide convention, to which Israel is a signatory. Intent is often the most difficult element to prove in such cases, however.

Decisions by the court are binding, but the court has few means of enforcemen­t.

Israel’s closest ally, the United States, has staunchly defended the country’s campaign against Hamas, and Secretary of State Antony Blinken this week called South Africa’s accusation “meritless” and “counterpro­ductive.”

But American and European officials have in recent weeks added pressure on Israel to scale back the scope of its military operations, and many nations in the Middle East, Africa and Latin America have sharply criticized Israel for the devastatin­g toll of its campaign on civilians in Gaza.

More than 23,000 Palestinia­ns have been killed over the past three months in Gaza, a majority of them women and children, according to health officials in Gaza. The vast majority of the enclave’s 2.2 million residents have been forced from their homes since the war began, increasing the danger of disease and hunger, according to internatio­nal organizati­ons.

South Africa, which filed the case last month, argued that Israeli leaders and lawmakers had communicat­ed in their statements the intent to commit genocide. Showing a video of Israeli troops dancing and singing that “there are no uninvolved citizens,” a South African lawyer said that Israeli soldiers had understood “the inciting words” of their prime minister.

“There is an extraordin­ary feature in this case,” the lawyer, Tembeka Ngcukaitob­i, told the court, “that Israel’s political leaders, military commanders and persons holding official positions, have systematic­ally and, in explicit terms, declared their genocidal intent.”

He argued that Israel’s “genocidal intent” was “rooted in the belief that, in fact, the enemy is not just the military wing of Hamas or, indeed, Hamas generally, but is embedded in the fabric of Palestinia­n life in Gaza.”

Although the court proceeding­s on the genocide allegation­s could take years, the court could rule on possible emergency measures in the coming weeks. As part of its request for an emergency provision to end the military campaign, South Africa asked the court to rescind evacuation orders and allow people in Gaza to receive food, water, shelter and clothing.

Israeli officials have argued that Hamas should face charges of genocide and other crimes, and that many of Israel’s critics have insufficie­ntly condemned the group. A spokespers­on for Israel’s Foreign Ministry, Lior Haiat, called Thursday’s proceeding­s “one of the greatest shows of hypocrisy in history,” adding that Hamas “calls in its convention for the destructio­n of the state of Israel and the murder of Jews.”

Haiat also said the genocide case brought by South Africa overlooked the atrocities committed by Hamas in its Oct. 7 terrorist attacks in southern Israel.

South Africa’s justice minister, Ronald Lamola, condemned the atrocities committed by Hamas on Oct. 7 but said the scale of Israel’s military response in Gaza was not justified. He told the court that the Israeli offensive had created conditions for Palestinia­ns that were designed “to bring about their physical destructio­n.”

 ?? PATRICK POST AP ?? Judges and interested parties are seen at the opening of the hearings into genocide accusation­s against Israel on Thursday at the Internatio­nal Court of Justice in The Hague, Netherland­s.
PATRICK POST AP Judges and interested parties are seen at the opening of the hearings into genocide accusation­s against Israel on Thursday at the Internatio­nal Court of Justice in The Hague, Netherland­s.

Newspapers in English

Newspapers from United States