Israel has accused South Africa of distorting reality in its attempt to get the UN’s top court to halt its military campaign in Rafah, southern Gaza.
On Thursday, the International Court of Justice (ICJ) began hearings, during which South Africa argued that Israel intended to “wipe [the Palestinians] off the face of the Earth,” describing Rafah as “the final stand.” South Africa’s legal team also called for “unimpeded access” to Gaza for aid workers, journalists, and investigators.
Lawyers for Israel presented their response on Friday. The ICJ is already considering a case brought by South Africa in January, accusing Israel of committing genocide against Palestinians in Gaza. Israel has dismissed these allegations as false and “grossly distorted.”
During the latest hearings, South African barrister Vaughan Lowe KC accused Israel of escalating a genocidal campaign against Palestinians, stating that the Rafah campaign represented “the last step in the destruction of Gaza and its Palestinian people.” He argued that the court’s protection was needed for all Palestinians as a national, ethnical, and racial group.
In response, Israel’s Deputy Attorney General, Gilad Noam, countered that South Africa’s claims were an inversion of reality. He argued that bringing down Hamas’s military stronghold in Rafah was necessary for the liberation of Palestinians from Hamas, which Israel views as a terrorist regime.
Israel initiated its offensive in Rafah 11 days ago, despite warnings from the UN and other entities about significant risks to civilians. The UN reports that over a million displaced people had sought refuge in Rafah, and more than 630,000 have fled since the operation began. Israel maintains that the offensive is essential to dismantle the last Hamas battalions in Rafah and to rescue approximately 130 Israeli hostages believed to be held there.
In January, the ICJ issued an order requiring Israel to take measures to prevent potentially genocidal acts in Gaza and to enhance aid provisions to the region. The then-president of the court, Joan Donoghue, clarified to the BBC last month that while the ICJ did not determine there was a plausible case for genocide, it emphasized the Palestinians’ right to protection from genocide.
A ruling on the genocide case is not anticipated for several years. Although the ICJ’s decisions are legally binding, they are often unenforceable.
This latest application marks the fourth time South Africa, whose governing party has a longstanding history of solidarity with the Palestinian cause, has taken action against Israel’s operations in Gaza at the ICJ.
Israel initiated its offensive in Gaza following an unprecedented attack by Hamas gunmen on 7 October, resulting in approximately 1,200 deaths and 252 hostages taken. According to the Hamas-run health ministry in Gaza, the conflict has since resulted in at least 35,303 fatalities.
