'Israel' fretting about standing trial before ICJ for genocide in Gaza

By Al Mayadeen English
Source: Israeli media
11 Jan 2024 15:08

Israeli media have reported that South Africa's interim goal is to garner a court order to stop the war in Gaza, even if temporarily until the court has decided upon the case.

Palestinians gather around a statue of late South African president Nelson Mandela in Ramallah to celebrate a landmark "genocide" case filed by South Africa against "Israel" at the International Court of Justice, January 10, 2024 (AP)

Commenting on the ongoing trial of the Israeli occupation in The Hague before the International Court of Justice, the Israeli news website Walla! alleges that "the court's decision is almost pre-written."

The website's comment reflects Israeli concerns about the ICJ case, following South Africa's accusations of genocide in its war on Gaza. The preliminary discrediting of the court case paves the way for "Israel" to deal with any expected verdict, either condemning it or minimizing it. This allows "Israel" to evade the "provisional measures", which might dictate the suspension of Israeli military operations in Gaza until the court's proceedings and judgment are concluded, according to the Israeli website.

In the same context, opposition leader Naftali Bennett went as far as to compare the ICJ court hearings to the Dreyfus Affair of the 21st century, seeking to portray the Israeli occupation as being "oppressed defending itself against enemies of Semtism." The Dreyfus Affair remains a contemptuous topic in the West today, and evoking it serves to provoke Western sympathy and override evidence of genocide in Gaza.

Read goal: Will ICJ rule 'Israel' guilty of Gaza genocide? Let the hearings begin

Yedioth Ahronoth reported that South Africa's interim goal is to garner a court order to stop the war in Gaza. As preparations for the session were underway, Yedioth Ahronoth announced that a delegation from the families of the Israeli captives had arrived at The Hague. The newspaper anticipated demonstrations both in favor of and against "Israel" outside the court.

Facing the court against the charge of violating the "Convention on the Prevention and Punishment of the Crime of Genocide" (one of the first treaties ratified after World War II, supported by prominent Jewish personalities with the aim of defining the Holocaust's crimes and preventing their recurrence), "Israel" is expected to be represented by up to four delegates. One who has already been identified is Professor Malcolm Shaw, a 76-year-old British-Zionist legal expert.

At the end of the court procedure, which might be a protracted process, the court will issue a judgment according to the majority opinion of the judges, a correspondent for Yedioth Ahronoth at The Hague reported.

Yedioth Ahronoth: 'Israel may be convicted of incitement to commit genocide'

According to the newspaper, "Israel" is expected to hold the case that it operates in accordance with international law.

Regarding openly racist statements calling for the extermination of Palestinians, "Israel" will argue that the quotes mentioned in the lawsuit were taken out of context, and in any case, the person who made the statement is not among the decision-makers (whom the Israeli delegation would argue are exclusively members of the war cabinet, the chief of staff, and senior leaders of the IOF), all of whom, the newspaper adds, allege that "Israel" is exclusively fighting Hamas alone and does not intend to harm Palestinian civilians.

The Yedioth Ahronoth report assesses that the chances of the International Court of Justice accepting South Africa's lawsuit are not very risky because "Israel" allegedly holds strong counter-arguments based on good foundations in regard to most accusations. However, "Israel" might face a serious challenge in refuting accusations of "incitement to commit genocide," which is a crime in itself.

South Africa v "Israel": ICJ First Hearing

On day 97 of the aggression against Gaza, "Israel" stands for trial for the first time since its occupation of Palestine in 1948, before the International Court of Justice accused of committing genocide against Palestinians in Gaza.

The lawsuit submitted on December 29 by the State of South Africa to the court states that the IOF have been committing genocide in Gaza. It consists of 84 pages including a variety of evidence.