Israel has presented its response to South Africa’s genocide case against it at the International Court of Justice (ICJ) on Friday.
Legal advisor to Israel’s department of foreign affairs, Tal Becker says the case South Africa presented is manipulating figures and distorting facts.
He accused South Africa of trying to erase Jewish history and trying to delegitimise Israel.
The application, he says, is ignoring Hamas atrocities, trying to weaponise the term genocide, and subverts the facts.
Becker went to some details about the event of 7 October, when he said Hamas fighters breached Israeli territory by sea, land and air.
“Some 1200 were butchered, 5500 maimed, +200 abducted. Many tortured and abused in captivity.
Largest mass murder in a single day of Jews since the holocaust. Access has been provided to the judges to raw footage for separate screening. Israel is fighting Hamas terrorists, not the civilian population,” he adds.
The video below is the full address by Tal Becker
English lawyer Malcolm Shaw dealt with prima facie jurisdiction and the preservation of alleged rights.
He says South Africa cast a wide net, talking of context of Palestinian oppression for over 75 years.
But he adds that the allegations are only from 7 October, 2023, so the court should not look back in history.
A UN official quoted a Hamas fighter as saying, “there was no limit … because they were Jews”.
Shaw says these actions do not justify genocide but do justify the inherent right of a state to defend itself against a threat that is often repeated.
The video below is the full address by Malcolm Shaw
Israeli ministry of justice’s Galit Raguan says South Africa does need to show the Geneva Convention is relevant, just some levels of acts and some intent.
Israel cannot address all allegations, because South Africa painted a dire and incomplete picture.
She says Hamas commandeers consignments, stealing aid and they use aid consignments to smuggle weapons.
“They hoard fuel. But Israel does allow fuel into service essential infrastructure. Israel committed to help international organisations involved in aid effort.”
Raguan says this shows how South Africa’s facts were only partial and they contradict the charge of genocide.
“Gaza is ruled by a terrorist organisation that does not protect its people,” she adds.
The video below is the full address by Galit Raguan
Advocate Omri Sender spoke on the risk of irreparable harm and urgency and said this was dependent on the evidence of the first two speakers.
It follows that the irreparable consequences are not plausible.
He adds that the humanitarian situation is grave and it is caused by Hamas, adding that Israel has done and is doing much to alleviate suffering under difficult circumstances.
He says South Africa did not mention Israel’s efforts or the efforts of others to alleviate the crisis.
“Israel has been facilitating all the help Gaza is getting. They have had an impact. With the World Health Organisation, more bakeries opened last week, with ingredients being allowed through.”
The video below is the full address by Omri Sender
A lawyer representing Israel, Christopher Staker began by saying it’s already been proved that the need for provisional measures has not been proved.
But he addressed each saying they’re unwarranted and go beyond what is necessary.
He also argued that the punishment of genocide is not urgent, that evidence collection should only be called for if there is some evidence it is being hidden or destroyed.
The video below is the full address by Christopher Staker
Israel’s deputy attorney general, Gilad Noam, says Israel’s legal system is open and accountable.
Noam says mechanisms are in place and have strengthened over the past decade.
He adds that military mechanisms are already looking at reports of incidents in the current conflict.
He says, “[If] granted, the application would prevent self defence, would allow Hamas to continue its plan to massacre Jews and Israelis at will. The argument is that this essentially perverts to very reason the Geneva Convention exists.”
He asked the court to reject the request for provisional measures and remove the case.
The video below is the full address by Gilad Noam
