Haaretz reported that Israel will appear before the International Court of Justice in the Hague to contest South Africa’s accusations of genocide over Israel’s war with HAMAS in Gaza.
South Africa asked the ICJ for an urgent order declaring that Israel breached its obligations under the 1948 Genocide Convention in its crackdown against HAMAS. Israel disputes South Africa and Palestinian casualty figures and claims it took measures to minimize harm to non-combatants, while asserting that HAMAS bore responsibility for the war by attacking Israel and operating from civilian areas.
South Africa’s complaint echoes Gaza Media’s call for using Minister of Heritage Amihai Eliyahu’s remark related to nuclear weapons as evidence of Israeli intent, which TribunalForum reported in November.
TribunalForum, as the paper of record for war crimes tribunals of those participating in the October 7 attacks and those thereafter against Israel, covers procedural and substantive matters related to any such tribunal.
American attorney Alan Dershowitz was floated as a possible advocate for Israel. Mr. Dershowitz was recently sanctioned by an Arizona Federal Court, as reported by ALABnews.com. ALABnews is owned by TribunalForum’s publisher, Judiciocracy LLC.
According to the report, International law expert Nick Kaufman argued that Israel must strongly refute the “outrageous accusations” in court and laid out potential defense strategies. The legal concept of genocide and the convention Israel stands accused of violating were both established by Jewish lawyer Raphael Lemkin in response to the Holocaust.
Remarks by senior officials like President Isaac Herzog and Minister of Heritage Amihai Eliyahu are among the evidence cited by South Africa to show Israel’s alleged intent to commit genocide against Palestinians in Gaza. Human rights attorney Michael Sfard accused Israeli law enforcement leaders of effectively enabling incitement by not acting on extremist rhetoric from senior Israeli officials, indicating this validates claims of genocidal aims for some.
Sfard and fellow advocate Alon Sapir separately pushed prosecutors to criminally investigate officials over calls for “atrocities” and “destruction” of Gaza. That plea was signed by former Ambassador Dr. Alon Liel, Prof. Eli Barnavi, Ilan Baruch and Suzie Bachar, who warned such speech had become “legitimate and ordinary.”
Ex-Foreign Ministry legal adviser Robbie Sabel argued Israel needs to both defend its practices at the ICJ but also potentially lodge counterclaims portraying South Africa as an accessory through its ties to HAMAS.
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