The judges panel at the International Criminal Court of Justice (video snippet)

On Friday, the International Court of Justice (ICJ) resumed hearings to address the claims brought by South Africa, alleging that Israel is guilty of genocide. The Israeli delegation robustly countered these accusations, emphasizing the reality of the situation on the ground and highlighting the complexities of the conflict with Hamas in Gaza.

Tamar Kaplan-Tourgeman, a member of Israel’s legal team, emphasized Israel's efforts to minimize civilian harm in Gaza. "Israel takes extraordinary measures to minimize the harm to civilians in Gaza," she noted, underscoring the lengths to which the Israeli Defense Forces (IDF) go to avoid civilian casualties.

Dr. Gilad Noam, Deputy Attorney General (International Law) at the Justice Ministry, began his statement by asserting that the claims made by South Africa are entirely disconnected from the actual events occurring in Gaza. He pointed out that Hamas, the de facto governing authority in Gaza, is not a signatory to the 1948 Genocide Convention. Therefore, an order for Israel to cease its military operations against Hamas would effectively allow the terrorist group to continue its attacks on Israeli civilians unabated.

Highlighting the Misuse of Genocide Accusations

Dr. Noam argued that South Africa's allegations "make a mockery of the heinous charge of genocide" and constitute "an obscene exploitation of the most sacred convention." He emphasized the distinction between the tragic nature of the ongoing war and the false equivalence of genocide. "There is a tragic war going on, but there is no genocide," he stressed.

The Situation in Rafah

Addressing the specific situation in Rafah, Noam countered South Africa's warning that the fall of Rafah would lead to the collapse of Gaza. "The reality is exactly the opposite," he stated. "Only by dismantling Hamas's military stronghold in Rafah will Palestinians be liberated from the grip of the murderous terrorist regime, paving the way for peace and prosperity."

Noam also revealed that Hamas has constructed an advanced tunnel system in Rafah, comprising approximately 50 tunnels that cross into Egypt. "Israeli hostages are being held there," he stressed, highlighting the dire situation and the urgent need to address the terrorist threat posed by Hamas.

Criticism of South Africa's Actions

In a pointed critique, Noam noted that just days before South Africa submitted its request to the ICJ, it hosted a delegation from Hamas. "They did not use the meeting to urge Hamas to release the hostages, stop targeting Israeli civilians, cease using human shields, or stop operating from within hospitals, UN facilities, and other protected sites," he said. Instead, South Africa turned to the ICJ "to obtain a military advantage for its ally Hamas, which it does not wish to see defeated."

Disruption at the Hearing

During the hearing, an anti-Israel protester disrupted proceedings by shouting "Liars!" at the Israeli delegation. The woman was promptly removed from the room, allowing the hearing to continue without further interruption.

Conclusion

The ICJ hearings will continue as Israel presents its case, seeking to refute the unfounded allegations and highlight the realities of the conflict with Hamas. The Israeli delegation remains steadfast in its commitment to defending Israel's actions and ensuring that the truth prevails in the face of international scrutiny.

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