I wrote about the South African case brought by South Africa to the International Court of Justice which accuses Israel of threatening genocide and requests a provisional cease-fire in the Gaza Strip. The brief states that….
“The facts relied on by South Africa in this application and to be further developed in these proceedings establish that — against a background of apartheid, expulsion, ethnic cleansing, annexation, occupation, discrimination, and the ongoing denial of the right of the Palestinian people to selfdetermination — Israel, since 7 October 2023 in particular, has failed to prevent genocide and has failed to prosecute the direct and public incitement to genocide. More gravely still, Israel has engaged in, is engaging in and risks further engaging in genocidal acts against the Palestinian people in Gaza. Those acts include killing them, causing them serious mental and bodily harm and deliberately inflicting on them conditions of life calculated to bring about their physical destruction as a group. Repeated statements by Israeli State representatives, including at the highest levels, by the Israeli President, Prime Minister, and Minister of Defence express genocidal intent. That intent is also properly to be inferred from the nature and conduct of Israel’s military operation in Gaza, having regard inter alia to Israel’s failure to provide or ensure essential food, water, medicine, fuel, shelter and other humanitarian assistance for the besieged and blockaded Palestinian people, which has pushed them to the brink of famine.”
The brief totals 84 pages and it is a well-reasoned complaint against the state of Israel, not only in the current conflict in the Gaza, but also for its occupation of territories since the war in 1967. It is not an easy read, but it is worth the effort. The brief asks for an early decision for a cease-fire, arguing that the determination of actual genocide is a decision that will require more time but that the facts at this time demand a case-fire without that final decision. Israel argued that its actions are based upon the principle of the right of self-defense and that the South African brief “grossly distorted” the facts.
Israeli Prime Minister Netanyahu denounced the suit. According to the Public Broadcast System, News Hour:
“Israel will pursue its war against Hamas until victory and will not be stopped by anyone, including the world court, Prime Minister Benjamin Netanyahu said in a defiant speech Saturday, as the fighting in Gaza approached the 100-day mark.
“Netanyahu spoke after the International Court of Justice at The Hague held two days of hearings on South Africa’s allegations that Israel is committing genocide against Palestinians, a charge Israel has rejected as libelous and hypocritical. South Africa asked the court to order Israel to halt its blistering air and ground offensive in an interim step.
“’No one will stop us, not The Hague, not the axis of evil and not anyone else,’ Netanyahu said in televised remarks Saturday evening, referring to Iran and its allied militias.”
Even if the International Court of Justice demands a provisional cease-fire, it can only refer that demand to the UN Security Council. If the matter goes that far, it will be a decisive moment for the United States. It will have to decide whether to veto a resolution demanding a cease-fire. It does seem, however, that the Biden Administration is beginning to lose patience with Israeli policy.
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