Israel lashes out at South Africa for bringing genocide case as proceedings at the Hague are underway

On Thursday, 11 January, the International Court of Justice (ICJ) at The Hague opened hearings in the Gaza genocide case against Israel brought by South Africa. 

The trial is widely regarded as a test for the applicability of international law towards a State often accused of acting above the law with impunity. 

South Africa wants the ICJ to recognise that there is an "urgency" in Gaza inflicted by Israel's offensive that requires it to order an immediate cessation of hostilities.

As the hearings began, large duelling demonstrations organised by Israel supporters and pro-Palestinian groups converged outside the International Court of Justice. 

Israel, which rejects the charge, is expected to ask the court to dismiss the case, claiming there is no intent to commit genocide and that the statements made by its officials and were interpreted as genocidal related only to Hamas and not the entire population in Gaza. 

However, despite the rebukes of Israeli officials across the political spectrum on the charge of genocide, concerns about a ruling not in its favour are evident.

For his part, opposition leader Yair Lapid posted a video statement on X, saying, "It is not Israel that is on trial today, but the integrity of the international community. If a country that protects itself from a brutal, murderous terrorist attack can find itself in court for genocide, then the genocide convention has become a reward for terrorism and antisemitism."

Similarly, Economy Minister Nir Barkat said, "Instead of starting proceedings against Hamas, the hypocritical court in The Hague charges Israel with false allegations, fabrications and antisemitic blood libel plots. Anti-Israelism is the new antisemitism."

Meanwhile, former prime minister Naftali Bennett described the case as "the Dreyfus affair of the 21st century" and added,  "This is a shameful display [of] hypocrisy and blatant antisemitism."

And fire-brand national security minister Itamar Ben-Gvir declared, "Seventy-eight years after the terrible Holocaust visited upon us by the German Nazis and three months after the Nazis from Gaza added to the massacres, the world is joining in… and spreading blood libels against Israel."

"Never before have so many miscreants taken part in such vile lies," he added.

Declarations by some IL government representatives about making life impossible for civilians in Gaza ultimately forcing them to leave are disturbing, counterproductive&dangerous. Civilians in Gaza must be protected. Insinuations of forced displacement are completely unacceptable

— Josep Borrell Fontelles (@JosepBorrellF) January 11, 2024

And while the verdict on the charge of genocide may take years, the more immediate concern among Israelis is the possibility of the top UN Court ordering a ceasefire. 

Israel's legal team will address the court on Friday.

Israeli media described the hearings at The Hague as a 'fateful moment', expressing worry that the judgment is 'almost written in advance'. 

Daniel Taub, international lawyer and Israel's former ambassador to the UK, said South Africa is a 'flagship of support for Palestinian terrorist groups', adding that the duel at The Hague is a continuation of 'long decades of lawfare against Israel'. 

Lior Haiat, spokesperson of the Israeli foreign ministry, called the trial at the Hague 'one of greatest shows of hypocrisy in history, compounded by a series of false and baseless claims'. 

In Johannesburg, South Africa, pro-Palestine activists who gathered to watch the opening statements of their country's legal team felt emotional "having listened to the strong, moving, detailed and incontrovertible case put by South Africa for provisional measures", said Roshan Dadoo, who is a former South African diplomat and a longtime anti-apartheid activist. 

"From the opening sentence that set the case within the framework of 75 years of occupation, colonialism and Apartheid to the closing remarks, we are proud of the legal team that has clearly laid out how Israel is committing the crime of genocide", Roshan Dadoo told The New Arab. 

South Africa says Israel's intent to destroy Gaza "has been natured at the highest levels of state". 

Israel has named its former Supreme Court president Aharon Barak as its addition to an International Court of Justice panel due this week to hear a genocide allegation filed against it, an Israeli official said on Sunday.