ICJ: Israel Responds to South Africa's 'Urgent Request' in Genocide Case

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Facts

• Israel on Thursday responded to South Africa's latest application to the International Court of Justice (ICJ), which called on the court to take additional measures against Israel's military operations in the Gaza Strip.¹
• In a three-page filing with the court, lawyers for Israel reiterated their view that South Africa's application 'is wholly unfounded in fact and law, morally repugnant, and represents an abuse both of the Genocide Convention and of the Court itself.'²
• The ICJ last month found that Israel's actions in Gaza could amount to genocide, and subsequently ordered Israel to use all its power to prevent genocidal acts, including preventing and punishing incitement to genocide, and ensuring aid reaches the people of Gaza.³
• However, with reports suggesting Israel was preparing to launch a military campaign in Rafah — where 1.4M Palestinians have fled after being displaced from other parts of Gaza — South Africa submitted an 'urgent request' for additional action, arguing that 'further large-scale killing' would take place if the offensive were to happen.⁴
• In its response, Israel said the military offensive in Rafah 'in fact has not happened.' It also commented on Israel's recent rescue of two hostages from the city in which 67 Palestinians were killed by accompanying bombing. It claimed South Africa's account of what took place was an 'outrageous distortion.'¹
• Israel also pointed to remarks by Prime Minister Benjamin Netanyahu that any potential Rafah offensive would only target Hamas. Israeli lawyers cited 'Israel’s enduring commitment under international humanitarian law to minimize harm to civilians.'¹

Sources: ¹The Times of Israel, ²The International Court of Justice, ³OHCHR and ⁴Sky News.

Narratives

• Pro-Palestine narrative, as provided by The Conversation. After the ICJ ordered Israel to take steps to further prevent what could be constituted as genocide, there is little evidence to suggest the country has changed course. In fact, since the ruling, Israel has intensified its bombing and looks poised to attack Rafah, the last safe place in Gaza for civilians. South Africa is right to call on the court to take urgent action.
• Pro-Israel narrative, as provided by The Times of Israel. The South African argument being presented at the ICJ is not only factually inaccurate, but legally void. This whole request makes a mockery of the international court and the Genocide Convention. It is Hamas that continues to flagrantly disregard international law by failing to return the Israeli hostages.

Predictions