Malcolm Shaw, one of the lawyers representing Israel, at the International Court of Justice (ICJ) prior to the hearing of the genocide case brought by South Africa. Picture: REMKO DE WAAL / ANP MAG / ANP via AFP
Israel has told the International Court of Justice (ICJ) not to grant South Africa the order it seeks, because there is no genocide in Gaza.
Professor Malcolm Shaw (KC) was arguing against accusations of genocide at the Peace Palace in The Hague on Friday.
Some of South Africa’s top legal minds on Thursday argued that Israel’s retaliation on Gaza for Hamas’ 7 October 2023 attacks were tantamount to genocide.
Shaw stressed the October attacks on Israel by Hamas and the atrocities that were committed “constitute the true context” for South Africa’s allegations of genocide against Israel.
However, he rejected claims of genocide by Israeli forces, saying South Africa was not presenting all of the facts.
“There is no genocidal intent here. This is no genocide.
“South Africa tells us only half the story: ‘Israel is guilty of genocide; we cannot deal with Hamas. Only Israel must be stopped from protecting its citizenry and eliminating the threat that is Hamas. We cannot deal with Hamas’,” Shaw argued.
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Shaw defended Israel’s attacks on Hamas forces and claimed the group’s attack on 7 October was itself an act of genocide.
“Allegations have been made that verge on the outrageous. The attack on Hamas on the 7th of October, with its deliberate act of atrocities, clearly falls within the statutory definition of genocide. Israel’s response was, and remains, necessary. It acts in a manner consistent with international law.”
Shaw said Israel had a responsibility to protect all of its citizens, including those captured and held hostage by Hamas.
He added that 46 countries have recognised Hamas as a “terrorist organisation”, while South Africa gives “succour and support” to it.
“Of course, Israel does not have the right to violate the law, still less to commit genocide, but it does have every right to defend itself, in accordance with the rules and principles of international law. And so, it has done.”
The professor criticised the strength of South Africa’s case and questioned its confidence in its claims made before the ICJ.
“There is here no dispute under the Genocide Convention, as alleged by South Africa. Indeed, South Africa’s own precepted activities, with notes, in recent weeks demonstrate a lack of confidence in this respect. And that is telling,” Shaw argued.
Shaw said South Africa instituted its ICJ case against Israel on 29 December and mentioned that it had sent Israel a note verbale to Israel – raising its concerns about Gaza – on 21 December.
He told the court that Israel was conciliatory in its response to South Africa’s note, arguing that this matter could have been handled bilaterally between the two countries.
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