Israel’s genocide accusation: ‘The world is upside-down’

Minister of Justice and Correctional Services Ronald Lamola is adamant Israel yesterday failed in its attempt to defend itself at the International Court of Justice (ICJ) against charges of genocide, brought by South Africa.

“The state of Israel has dismally failed,” Lamola said, accusing it of using rhetoric. Legal advisor of the Israeli Ministry of Foreign Affairs Dr Tal Becker pulled no punches when he opened his address at the ICJ.

“The applicant [South Africa] has now sought to invoke [the term genocide] in the context of Israel’s conduct in a war it did not start and did not want,” Becker said.

WATCH: Israel claims SA tailored Gaza genocide story to pre-existing narrative

“A war in which Israel is defending itself against Hamas Palestinian Islamic jihad and other terrorist organisations whose brutality knows no bounds.”

Becker said the civilian suffering in the war was tragic. Chief rabbi Dr Warren Goldstein said on social media platform X the ICJ was illegitimate and lacked the moral authority to adjudicate Israel’s just war of self-defence.

“Consider that, of the 193 members of the UN [United Nations] General Assembly, only 84 are ranked as free societies, according to Freedom House,” Goldstein said.

“Or that, of the 47 members of the UN Human Rights Council whose very reason for existence is to protect and uphold human rights, only 13 can be defined as fully economically and politically free, according to the Social Research Foundation Global Freedom Scores.”

SA attorney Richard Spoor said Israel’s response was “very impressive and dignified”. “The confidence we had coming out of yesterday’s hearing has pretty much evaporated,” Spoor said on X.

“It does appear that SA’s case was light on hard evidence. Our claim for provisional measures and, in particular, for an order halting Israel’s offensive now appears to be a serious overreach.

ALSO READ: ‘There isn’t actually a dispute with SA on genocide’ – Israel

“Israel cannot be ordered to stop its legitimate war against Hamas, especially in circumstances where Hamas will continue its attacks on Israel.”

Pretoria wants judges to force Israel to “immediately” stop the Gaza campaign, launched after the 7 October Hamas attacks which killed 1 140 people, according to an AFP tally based on Israeli figures. At least 23 469 people, mostly women and children, have been killed in Israel’s offensive, according to Gaza’s Hamas-run health ministry.

Becker said SA had “regrettably put before the court a profoundly distorted factual and legal picture”. Using videos and pictures, he painted a graphic image of the horrors of the 7 October attacks for the robed judges in the Peace Palace in The Hague, where the ICJ sits.

Hamas militants “tortured children in front of parents, parents in front of children, burned people … systematically raped and mutilated”, he said.

He stressed that Israel’s response was in self-defence and not aimed at the Palestinian residents of the Gaza Strip.

“Israel is in a war of defence against Hamas, not against Palestinian people,” said Becker.

ALSO READ: ‘Nothing can ever justify genocide’ – Professor Vaughan Lowe

“In these circumstances, there can hardly be a charge more false and more malevolent than the allegation … of genocide.”

Israel and its ally, the US, have dismissed the case as groundless and vowed a robust defence.

“The state of Israel is accused of genocide at a time when it is fighting genocide,” said Prime Minister Benjamin Netanyahu in the run-up to the hearings.

“A terrorist organisation carried out the worst crime against the Jewish people since the Holocaust and now someone comes to defend it in the name of the Holocaust? What brazen gall. The world is upside-down,” he added.

The ICJ will likely rule within a matter of weeks. Its rulings are final and legally binding, but it has little power to enforce them.

ALSO READ: David Teeger relieved of SA U-19 captaincy due to threat of protests over Israel comments