Israel Prepares To Defend Itself Against Genocide Claims In First Hearing At The Hague

Israeli officials have said that the country will defend itself in next week’s hearing at the International Court of Justice, days after South Africa called for proceedings based on its accusation that Israel is committing genocide against Palestinians in Gaza.

The move is rare considering Israel often denounces the United Nations’ top court as biased against it and rarely cooperates in international cases involving Israel. It appears to be a signal that Prime Minister Benjamin Netanyahu’s government is concerned that the charges could taint its reputation among other nations.

On Friday, South Africa launched the case at the International Court of Justice in The Hague alleging that Israel’s military campaign in the Gaza Strip is “genocidal in character” because the mass death, destruction, displacement and starvation of Palestinians without regard to the lives of women, children, journalists and humanitarian workers meets the qualifications of genocide under international law.

South Africa can bring the case under the Genocide Convention because both it and Israel are signatories. The case itself could take years. However, South Africa has also asked the court to issue an interim order for Israel to immediately cease military operations it alleges are meant “to destroy Palestinians in Gaza.” …

“Genocide is a violation, the proof of which in court requires two elements,” Eliav Lieblich, an international law professor at Tel Aviv University, told Haaretz. “First, you have to show intention of annihilation, and second ― certain actions in the field that promote this intention.”

“According to South Africa, the intention is proven by statements of senior Israeli figures and a public atmosphere of erasing or flattening Gaza, and the widespread harm to civilians and the hunger in Gaza show the factual element of the deed.”

According to Haaretz, a senior legal expert familiar with the matter recently warned Israeli military leaders, including Chief of Staff Herzl Halevi, that there is a real risk of the International Court of Justice issuing an injunction demanding a cease-fire – stressing that Israel is bound by the court’s rulings, even if it considers the ICJ to be unfair. …

Israeli officials told Axios and Haaretz that Netanyahu wants controversial U.S. lawyer Alan Dershowitz to represent Israel at the hearing. Dershowitz, a vocal supporter of Israel, declined to comment, according to Axios.

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