Israel’s attorneys have advised the United Nations prime court docket that the nation has the correct to maneuver forward with a full-scale offensive on Rafah in southern Gaza to defend itself in opposition to Palestinian group Hamas after South Africa filed an pressing request to order a ceasefire as a part of a wider case accusing Israel of genocide.
“The fact remains that the city of Rafah also serves as a military stronghold for Hamas, which continues to pose a significant threat to the state of Israel and its citizens,” Gilad Noam, Israel’s deputy lawyer basic for worldwide legislation, advised the Worldwide Courtroom of Justice (ICJ) in The Hague on Friday.
Noam accused South Africa of creating “a mockery of the heinous charge of genocide”, accusing the nation of “adopting a strategy of dragging Israel to court endlessly” and having an “ulterior motive” for urging an Israeli withdrawal from Rafah to acquire “a military advantage for its ally Hamas, which it does not want to see defeated”.
Reporting from The Hague, Al Jazeera’s Step Vaessen mentioned the listening to had been “unusual”, with a German decide asking Israel to submit a written response to a request for info on humanitarian situations in its declared “evacuation zones” in Gaza by the next day.
Including to the “high emotions” on the listening to, a lady had shouted “Liars, liars!” on the Israeli authorized consultant from the general public gallery, mentioned Vaessen.
“South Africa says this is now the last chance for the court to save the people in Gaza and save the people in Rafah,” she mentioned.
South Africa requested the ICJ on Thursday to order Israel to cease its offensive on Rafah, from the place the UN says at the very least 630,000 displaced civilians have been compelled to flee after in search of refuge from bombardment throughout the besieged enclave.
Legal professionals requested the ICJ subject three emergency orders, or “provisional measures”, whereas it guidelines on the broader accusation that Israel is breaking the 1948 Genocide Conference.
Tamar Kaplan Tourgeman, principal deputy authorized adviser of Israel’s Ministry of Overseas Affairs, mentioned Israel was making “remarkable efforts” to enhance assist supply, denying that it had shut down southern Gaza’s two fundamental crossings – the Rafah border crossing with Egypt, which it seized on Might 7 because it launched an assault in town, and the Karem Abu Salem (Kerem Shalom) crossing with Israel.
“This is blatantly untrue,” she mentioned at Friday’s listening to. “The truth is that Israel allows and facilitates the provision of more and more humanitarian aid through a number of crossings on a daily basis.”
Reporting from Deir el-Balah in central Gaza, Al Jazeera’s Tareq Abu Azzoum mentioned UN officers confirmed no assist has been coming in by means of both of the crossings.
Marc Owen Jones, an affiliate professor of Center East research and digital humanities at Hamad Bin Khalifa College, mentioned he believed South Africa’s case was sturdy sufficient for the court docket to subject further provisional measures in Gaza, provided that humanitarian situations had solely worsened after the court docket’s earlier orders for Israel to permit assist to movement.
“It’s months later and the aid situation is desperate,” he advised Al Jazeera.
Whereas a call on the emergency measures is anticipated subsequent week, it’ll possible take years earlier than the court docket can rule on the underlying genocide cost.
‘Genocidal’ penalties
On Thursday, ICJ judges heard a number of accusations in opposition to Israel from attorneys representing South Africa, concerning mass graves, torture and the deliberate withholding of humanitarian assist.
South African lawyer Tembeka Ngcukaitobi advised the court docket that Israel was urgent on with its assaults in Rafah regardless of “explicit warnings” that they might carry “genocidal” penalties.
South Africa requested the court docket to order Israel to “immediately” stop all army operations in Gaza, together with in Rafah, and to withdraw from the territory. It additionally desires Israel to allow humanitarian entry, enable unimpeded entry for UN officers, assist teams, journalists and investigators, and report on its progress in attaining these orders.
It’s the third time that the ICJ has held hearings on the continued Israeli warfare on Gaza since South Africa filed genocide proceedings in December.
In January, judges ordered Israel to do all it may to stop demise, destruction and any acts of genocide in Gaza, and to allow humanitarian assist to the enclave. But it surely stopped wanting ordering an finish to the army offensive.
ICJ judges have broad powers to order a ceasefire and different measures, although the court docket doesn’t have its personal enforcement equipment. A 2022 order by the court docket demanding that Russia halt its full-scale invasion of Ukraine has thus far gone unheeded.
