The Guardian view on Israel and allegations of genocide: a case that needs to be heard
The definition of genocide is simple: a crime committed with the intent to destroy a national, ethnic, racial or religious group, in whole or in part. Its determination is much more complex. The legal threshold is high.
Nonetheless, judges at the international court of justice (ICJ) in The Hague could issue an interim ruling on the charges against Israel within weeks. A decision on which of the provisional measures requested by South Africa should be taken requires only that they find its case plausible, not proven, or that they believe there is a risk of genocide occurring. Resulting orders might not mean ordering a ceasefire, but restoring water supplies or punishing inciting statements.
The evidence of war crimes – ranging from indifference to the mass killing of civilians to using starvation as a weapon – has mounted by the day. So have the inflammatory and dehumanising statements made by Benjamin Netanyahu, his ministers and others. Israel will lay out its case to the UN’s highest court on Friday. However, its immediate response was not to contest the evidence, but to attack South Africa as acting as “the legal wing of Hamas” and committing “blood libel”. There is a widespread belief in Israel that it is obscene to use the genocide convention, created in response to the Holocaust, against the nation that arose from that horror, and following the 7 October attack by Hamas. Yet as South Africa made clear, self-defence can never justify action that amounts to genocide.
In addition to the bombing, which has killed at least 23,570 people according to Palestinian authorities, mostly women and children, South Africa’s lawyers cited bodily and mental harm including through the blocking of life-saving aid. They argue that there is “chilling, overwhelming and incontrovertible” evidence of intent, citing statements by Mr Netanyahu and other ministers and key figures that dehumanise Palestinians or refuse to distinguish between Hamas fighters and civilians.
The prime minister and others have invoked the Old Testament tale of Amalek: God commanded Saul to kill its people without sparing anyone. The defence minister, Yoav Gallant, spoke of “human animals”. The Israeli president, Isaac Herzog, said that “It’s an entire nation out there that is responsible.” Footage shows troops chanting “no uninvolved citizens”. Legislators have said far worse. Mr Netanyahu’s