South Africa to UN top court: Israel is committing genocide
THE HAGUE, NETHERLANDS >> 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.
During opening statements 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.
Prime Minister Benjamin Netanyahu blasted the case and vowed to continue fighting Hamas, the militant group whose fighters stormed through Israeli communities on Oct. 7 and killed some 1,200 people, mainly civilians.
“This is an upside-down world — the state of Israel is accused of genocide while it is fighting genocide,” he said in video statement. “The hypocrisy of South
Africa screams to the heavens.”
The case is one of the most significant ever heard in an international court, and it goes to the core of one of the world's most intractable conflicts.
South Africa is seeking preliminary orders to compel Israel to stop its military campaign in Gaza, where more than 23,000 people have died, according to the Health Ministry in the territory, which is run by Hamas.
“Nothing will stop the suffering except an order from this court,” Hassim said.
A decision on South Africa's request for so-called provisional measures will probably take weeks. The full case is likely to last years.
Israel launched its massive air and ground assault on Gaza soon after the deadly Hamas attack. Three months later, the offensive has driven nearly 85% of Gaza's population of 2.3 million from their homes. With only a trickle of food, water, medicine and other supplies entering through an Israeli siege, a quarter of the territory's residents face starvation. And much of northern Gaza, including Gaza City, has been reduced to a moonscape.
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.
The White House declined to comment on how it might respond if the court determines Israel committed genocide. But National Security Council spokesman John Kirby called the allegations “unfounded.”
“That's not a word that ought to be thrown around lightly, and we certainly don't believe that it applies here,” Kirby said.
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.
In a post on X after the hearing, Israeli Foreign Ministry spokesman Lior Haiat called South Africa's presentation “one of the greatest shows of hypocrisy” and referred to the legal team as “Hamas' representatives in court.” He said South African lawyers distorted the reality in Gaza through a series of “baseless and false claims.” He did not elaborate.