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It is not often that a legal proceeding of the International Court of Justice, a court of the United Nations, is so much in the center of media attention. But in The Hague this week, serious accusations were made. South Africa accuses Israel of violating the UN convention on genocide. In December, this country submitted the indictment to the International Court of Justice. Allegation: Israel carries out actions in the Gaza Strip and against the Palestinians that are "genocidal in character". Even before the court, this process gathered hundreds of demonstrators, both those who defend the Palestinian side and those who support Israel.
South Africa accuses Israel of violating the genocide convention
In the packed courtroom at the Peace Palace, there is more calm. South Africa accuses Israel of actions that are included in the concept of genocide, said representative Adila Hassim. "These actions show a systematic pattern from which genocide can result." Hassim listed the bombardment from land, sea and air as well as the risk of Palestinians suffering from hunger, thirst or dying from some disease. All this is a consequence of Israel's behavior, "a behavior that makes it impossible to obtain what is necessary for life."
The basis of the legal procedure is the genocide convention from 1948. Its signatories, which include Israel and South Africa, undertake the obligation not to commit genocide and to punish it. Genocide according to the international convention is called "acts that are committed with the intention to destroy in whole or in part a national, ethnic, racial or religious group."
To show that it has a goal, South Africa relies on public statements by Israeli officials, such as the call by some far-right politicians for "the Gaza Strip to disappear", or a statement by Israel's Defense Minister , Yoev Gallant", that Israel in Gaza fights "against animal people". Here the representative of Southern Africa looks at statements of the "systematic dehumanization of the Palestinians".
Israel speaks of "serious distortions"
Israel has strongly defended itself against the South African genocide allegations and is demanding that the lawsuit be dropped. There are many distortions in the South Africans' accusations, Israel's representative, Tal Becker, said on Friday. But the biggest distortion is that these submissions do not deal with the fact that there is an armed conflict and that Hamas poses a danger to Israel. Hamas, the militant-Islamist organization of the Palestinians, is categorized by the EU, USA, Germany and other countries as a terrorist organization. "Israel is in a defensive war against Hamas, not against the Palestinians," Becker said. There is no more wrong and worse accusation than to accuse Israel of genocide.
In Israel's massacre on October 7, according to Israeli data, more than 1,110 people were killed and more than 250 people were taken hostage. After that, Israel declared war on Hamas and has been massively bombing the Gaza Strip ever since. In these fights, more than 23,000 people have been killed and about 59,000 people have been injured, according to data from the Hamas-controlled Ministry of Health, data that cannot be independently verified.
Even outside the courtroom, accusations against Israel are dismissed. The Israeli President, Itzhak Herzog, stated in a meeting with the American Secretary of State, Antony Blinken, that "there is nothing more disgusting and absurd than this claim. The truth is that our enemies, Hamas, seek in their manifesto the destruction and extinction of the State of Israel, the only national state of the Jewish people." "The Genocide Convention was established by the international community after the most atrocious acts of humanity, the Shoah, the Holocaust, which was directed specifically against the Jews in order to eliminate the Jewish people." In memory of the Shoah, Tal Becker appealed to the court to justify its role as the defender of the promise that emerges from the convention against genocide, the promise given aloud to "never again".
First decision in a few weeks?
The hearing this week was not about deciding whether the genocide convention had indeed been violated, but about temporary protective measures. Meanwhile, South Africa has submitted a series of such measures to the International Court of Justice. Among other things, this country demands that Israel stop all military actions in the Gaza Strip, but also not to block humanitarian aid to the Gaza Strip. Israel rejects a decision to suspend military operations because it is not binding on Hamas, and would allow the terrorist militia to continue its attacks. Israel has asked the court to reject the imposition of interim measures and to deal with the case in its entirety.
The German government said on Friday that because of "German history and the worst crimes against humanity of the Shoah" it feels particularly bound by the genocide convention. But it is against its political instrumentalization and clearly rejects the accusation against Israel, the German government declared. In the main session, Germany will participate as a third party.
Without hearings, the court announced that it will make a decision on temporary measures as soon as possible. This is expected in the coming weeks. Until a decision on the main charge, the issue of violation of the convention on genocide by Israel, it may take years./ DW
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