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Israel tells UN top court South Africa makes ‘mockery’ of genocide charge

By MOLLY QUELL
Associated Press

THE HAGUE, Netherlands (AP) — A protester shouting “liars” briefly interrupted a hearing at the United Nations’ top court on Friday as Israel was defending its military operation in Gaza.

The session at the International Court of Justice was paused for less than a minute while security guards escorted a woman from the public gallery. The court in The Hague in the Netherlands was holding a third round of hearings on emergency measures requested by South Africa, which wants the court to order a cease-fire in Gaza.

Israel told the court on Friday that South Africa’s case “makes a mockery of the heinous charge of genocide.”

“Armed conflict is not a synonym of genocide,” Israel’s deputy attorney general Gilad Noam told a panel of 15 international judges.

South Africa told the court on Thursday that the situation in the beleaguered enclave has reached “a new and horrific stage” and urged judges to order a half to Israeli military operations.

Defending Israel’s conduct in Gaza, lawyer Tamar Kaplan-Tourgeman said it had allowed in fuel and medication. “Israel takes extraordinary measures in order to minimize the harm to civilians in Gaza,” she said.

Israel’s delegation was noticeably smaller than during previous hearings. According to Noam, a number of their lawyers were not available on such short notice. The country was informed on Monday that hearings would be held on Thursday and Friday. This “significantly impacted” their preparations, Noam said.

Outside of the Peace Palace, a small group of protesters gathered to demand the release of the estimated 100 hostages still held by Hamas.

South Africa has submitted four requests for the ICJ to investigate Israel. The court has already found that there is a “real and imminent risk” to the Palestinian people in Gaza by Israel’s military operations.

According to the latest request, the country says Israel’s military incursion in Rafah threatens the “very survival of Palestinians in Gaza.” In January, judges ordered Israel to do all it can to prevent death, destruction and any acts of genocide in Gaza, but the panel stopped short of ordering an end to the military offensive.

ICJ judges have broad powers to order a cease-fire and other measures, though the court doesn’t have its own enforcement apparatus. A 2022 order by the court demanding that Russia halt its full-scale invasion of Ukraine has so far gone unheeded.

Most of Gaza’s population of 2.3 million people have been displaced since fighting began.

The war began with a Hamas attack on southern Israel on Oct. 7 in which Palestinian militants killed around 1,200 people and took about 250 hostages. More than 35,000 Palestinians have been killed in the war, Gaza’s Health Ministry says, without distinguishing between civilians and combatants in its count.

South Africa initiated proceedings in December 2023 and sees the legal campaign as rooted in issues central to its identity. Its governing party, the African National Congress, has long compared Israel’s policies in Gaza and the occupied West Bank to its own history under the apartheid regime of white minority rule, which restricted most Blacks to “homelands.” Apartheid ended in 1994.

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