The State of Israel plans to defend itself against charges of genocide against Palestinians in Gaza at a hearing that will likely be scheduled next week before the International Court of Justice (ICJ) at The Hague.
The hearing was triggered by South Africa, which charged that Israel was in violation of the United Nations 1948 Convention on the Prevention and Punishment of Genocide.
“The State of Israel will appear before the ICJ at The Hague to dispel South Africa’s absurd blood libel,” government spokesman Eylon Levy told reporters in Jerusalem on Tuesday.
“How tragic that the rainbow nation that prides itself on fighting racism will be fighting pro-bono for anti-Jewish racists,” he said.
Israel has in the past boycotted legal proceedings against it by UN courts, claiming that the tribunals lacked jurisdiction. It did not participate in the ICJ 2004 legal proceedings that led to the issuance of an advisory opinion on the legality of the West Bank security barrier.
It also does not plan to participate in the ICJ proceedings regarding the issuance of an advisory opinion on the legal status of Israel’s “occupation” of the West Bank, Gaza, and east Jerusalem.
Israel had the option to bow out of the proceedings because they were advisory opinions requested by the UN General Assembly.
South Africa’s direct request for a court hearing against Israel is based on the fact that both countries are signatories to the genocide convention, which stipulates that they accept the ICJ jurisdiction with respect to adherence to that convention.
Israeli officials said that Israel’s decision to appear before the court, located at the Hague in the Netherlands, was approved by the country’s security, diplomatic, and intelligence branches.
“Israel has been a member of the genocide convention since its inception, and at this stage, there is no reason to boycott the [ICJ] hearing,” the officials said.
It was agreed that the “blood libel” embodied in the “genocide” charge “should be fought through participation in the ICJ procedure,” which is a direct response to South Africa’s “disgraceful” actions. The ICJ is obligated to respond to South Africa, they added.
In speaking with reporters, Levy said, “History will judge South Africa for abetting the modern heirs of the Nazis. We assure South Africa’s leaders: history will judge you, and it will judge you without mercy.”
Hamas committed ‘act of genocide perpetrated with Nazi-like cruelty’
He explained that it was Hamas that was guilty of genocide for leading an October 7 attack on Israel, in which over 1,200 people were killed and some 250 were taken hostage.
Over 70% of those killed were civilians, including women and children. Many of the victims were tortured, raped, burned alive or dismembered.
Levy said that Hamas had “a clear mission to murder as many Israelis as possible—as sadistically as possible. It was an act of genocide perpetrated with Nazi-like cruelty and Nazi-like efficiency in the service of a Nazi-like ideology.
“The only reason Hamas didn’t succeed in committing further genocide is because our security forces stopped them,” he stated.
Hamas has said that if given the opportunity, it would execute other October 7 massacres, Levy said. The IDF’s military campaign in Gaza to destroy Hamas is designed to prevent a genocide and is not perpetuating one against the Palestinians, he said.
He noted that South Africa had expressed sympathy with Hamas already on October 8, just one day after the attack.“History will judge South Africa for abetting the modern heirs of the Nazis. We assure South Africa’s leaders: history will judge you, and it will judge you without mercy,” he added.
South Africa turned to the court, however, only on December 29, when Israel’s military campaign to destroy Hamas close to three months after the start of the war. Hamas has asserted that close to 22,000 Palestinians have been killed in war-related violence. Israel has claimed that some 8,000 of those fatalities are combatants.
Opponents of the war have accused Israel of genocide due to the high date toll among a population of 2.3 million, most of whom have been displaced due to the violence.
South Africa, in its court submission, said Israel’s actions were “genocidal in character” given that they were committed with the intent to “destroy Palestinians in Gaza as part of the broader Palestinian national, racial and ethnical group.”
Since October 7, South Africa said, “Israel has engaged in, is engaging in, and risks further engaging in genocidal acts against the Palestinian people in Gaza.”
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