THE HAGUE, Netherlands (CN) — Israel hit back against claims it is committing genocide in Gaza, telling the top U.N. court that it cares more about the civilian population than Hamas.
“Armed conflict is not a synonym of genocide,” Israel’s Deputy Attorney General Gilad Noam told the International Court of Justice.
South Africa has asked The Hague-based court four times for emergency intervention in Gaza since it initiated proceedings against Israel in December. The country is now asking the court to order Israel to withdraw from the southern Gaza city of Rafah, ensure access to the Gaza Strip for U.N. officials and journalists, and submit a report to the court about Israel's conduct.
"This case even by its very name — Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip — suggests an inversion of reality," Noam told the 15-judge panel.
Any party to the post-WWII treaty can initiate a case against another signatory under the convention.
Israel argues that Rafah is a Hamas stronghold and that the country has a right to defend itself.
“Israeli hostages are being held in Rafah by their captors,” Noam said.
He also criticized the court for being unwilling to move the hearings to accommodate the Israeli legal team. South Africa filed the new request late last week and Israel was informed on Monday that hearings would be held Thursday and Friday.
According to Noam, Israel requested the court push the hearings back until next week to allow the country to prepare its arguments, but that request was not granted. Noam said this “severely undermined” their preparations.
Israel also defended its record in Gaza, saying it was doing all it could to prevent civilian deaths. “Israel takes extraordinary measures to protect civilians from harm,” lawyer Tamar Kaplan-Tourgeman said.
Her closing statement for Israel was briefly interrupted by a protester shouting “liars.” A woman was escorted out of the room by security.
During hearings on Thursday, South Africa stressed the urgency of the situation in Gaza. Vusimuzi Madonsela, South Africa's ambassador to the Netherlands, said his country returned to the court because of the extraordinary crisis.
“South Africa is yet again compelled to return to this court in recognition of its obligations under the Genocide Convention due to the continuing annihilation of the Palestinian people, with over 35,000 now killed and most of Gaza reduced to rubble,” he said.
In January, judges called on Israel to prevent any genocidal acts against the Palestinian people in the Gaza Strip. The legally binding order did not go as far as calling on Israel to stop its military response to the Oct. 7, 2023, attacks by Hamas.
In a second round of emergency measures in March, the court ordered Israel to cooperate with the United Nations in providing food, water and medical care to the 2.3 million people living in the Gaza Strip in light of the “catastrophic situation.”
Follow @mollyquell
Subscribe to Closing Arguments
Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.
