The UN International Court of Justice (ICJ), on Friday, heard the
response from Israel on the case brought forward by South Africa
requesting emergency provisional measures to immediately halt
Israeli military operations under way in Rafah, in southern Gaza,
where over one million Palestinians were sheltering after having
been displaced from elsewhere in the enclave.
Linked to South Africa's ongoing case accusing
Israel of violating its obligations under the Convention on the Prevention and
Punishment of the Crime of Genocide (the Genocide
Convention), the new request, filed on 10
May, asked the ICJ to order Israel to
“immediately withdraw and cease its military operations in the
Rafah governate”.
An ‘obscene exploitation'
Appearing before the Court, Gilad Naom, co-agent of Israel,
refuted South Africa's claims, terming it an “obscene
exploitation” of the “most sacred” Genocide Convention.
“South Africa presents the Court yet again for the fourth time
within the scope of less than five months, with a picture that is
completely divorced from the facts and circumstances.”
He stated that Israel is engaged in a “difficult and tragic”
armed conflict, a fact essential to “comprehend the situation”
but one that is ignored by South Africa.
“It makes a mockery of the heinous charge of genocide … facts
matter and truth should matter. Words must retain their meaning.
Calling something a genocide again and again does not make it
genocide,” he added.
Israel did not start the war
Mr. Naom further stated that it was not Israel that started the
war, recalling the “horrific onslaught” on 7 October 2023 by
Hamas and other Palestinian groups targeting Israeli civilians
and communities, killing over 1,200 and taking 254 women, men and
children hostage.
He added that Hamas and other terrorist groups in Gaza continue
to attack Israel, displacing communities and destroying homes and
infrastructure. Moreover, Hamas continues to use Palestinian
civilians as human shields.
“Rafah, in particular, is a focal point for the ongoing terrorist
activity,” he said, accusing Hamas of having “intricate
underground tunnel infrastructure” with command-and-control
rooms, military equipment, and potentially for smuggling Israeli
hostages out of Gaza.
He also noted that even though the ICJ called for the immediate
release of the hostages, they remain under captivity.
Not a large-scale operation
“The reality is that any State put in Israel's difficult position
would do the same. The right of defence against the brutality of
the Hamas terrorist organization cannot be in doubt. It is an
inherent right afforded to Israel, as it is to any State,” Mr.
Naom said.
The Israeli representative stated his country's commitment to
protecting itself, “in accordance with the law, which is why it
has worked diligently to enable the protection of civilians, even
as Hamas seeks deliberately to endanger them.”
“That is why there has not been a large-scale assault on Rafah,
but rather specific, limited and localized operations prefaced
with evacuation efforts and support for humanitarian activities,”
he added.
Fully and sincerely engaged
Concluding his statement, Mr. Naom cited the Court's rejection of
South Africa's earlier requests for similar provisional measures,
and added that it would be “wholly inappropriate” to grant a
provisional measure under such terms.
“South Africa has not given sufficient reason why the Court
should now deviate from or essentially duplicate its earlier
decisions,” he said, noting that Israel is “engaged fully and
sincerely” in the proceedings, “despite the outrageous and
libelous claims levelled against it.”
“[Israel] has made clear time and again its unwavering commitment
to its obligations under its international law. It has done this
while the fighting continues and its citizens are still under
attack,” he said.
