Israel argues South Africa failed to prove urgency of its case, maintains Hamas is the enemy

Gilad Noam, Israel’s Deputy Attorney-General for International Affairs, at the International Court of Justice (ICJ) prior to the hearing of the genocide case against Israel brought by South Africa. Picture: Remko De Waal / ANP MAG / ANP via AFP

Gilad Noam, Israel’s Deputy Attorney-General for International Affairs, at the International Court of Justice (ICJ) prior to the hearing of the genocide case against Israel brought by South Africa. Picture: Remko De Waal / ANP MAG / ANP via AFP

Published Jan 12, 2024

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Gilad Noam, Deputy Attorney-General for International Law at the Ministry of Justice of the State of Israel, concluded the case on behalf of Israel, where he asserted that South Africa failed to demonstrate a genuine dispute between the two countries and did not establish "prima facie" rights deserving protection.

Noam argued that the events in question were part of a conflict initiated by Hamas, asserting that they do not fall within the scope of the Genocide Convention.

According to Noam, South Africa did not prove the urgency of its case or show that stopping the Gaza war would not result in irreparable harm to Israel. He emphasised that Israel consistently takes measures to address the humanitarian situation in Gaza and deems the provisional measures sought by South Africa as "unwarranted and prejudicial".

“It's unrealistic to say Israel is not a moral country and has suddenly become a genocidal state hellbent on the extermination of the Palestinian people,” he said.

Defending Israel against the charge of genocide, Noam described the Nakba as a war “forced upon Israel”.

Noam said South Africa portrayed Israel as a “lawless state that regards itself as beyond and above the law ... in which the entire society” has “become consumed with destroying an entire population.”

He further stated that South Africa had defamed not only the Israel leadership, but also (Israeli) society.

Noam’s comments closed the two-day International Court of Justice (ICJ) hearing into claims of genocide brought by South Africa against Israel.

South Africa urged an immediate halt to Israeli military operations, presenting evidence of alleged genocidal acts.

The case, addressing violations of the Genocide Convention, accused Israel of mass killings, harm to Palestinians, and explicit genocidal intent by political leaders.

South Africa's legal representatives argued that Israel's actions breached Article 2 of the Genocide Convention, citing systematic patterns of conduct indicative of genocide.

A brief breakdown of South Africa’s case, which was delivered to the ICJ on Thursday, can be read here.

Follow IOL's live coverage of the ICJ hearings here.

kailene.pillay@inl.co.za

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