The Hebrew newspaper Haaretz revealed – today, Monday – that Israeli human rights activists pointed out that there are fears in Tel Aviv about its conviction for committing genocide in Gaza, after South Africa filed a complaint against it in this regard last week.
Last Friday, South Africa submitted a request to file a lawsuit against Israel before the International Court of Justice, against the backdrop of its involvement in acts of genocide against Palestinians in the Gaza Strip, according to a statement by the same court.
Haaretz said, “The security establishment and the Attorney General’s Office are concerned that the International Court of Justice in The Hague will accuse Israel of committing genocide in the Gaza Strip, at the request of South Africa, which submitted a petition to the court over the weekend.”
Israel: The lawsuit is in contempt of court
According to the newspaper, the lawsuit accuses Israel of indiscriminate use of force and forced population deportation, and among the reported Israeli acts are crimes against humanity and war crimes, and South Africa also claimed that some of these acts meet the basic definition of genocide.
In Israel’s response to the petition, it accused South Africa of committing blood libel, which is legally baseless and constitutes despicable exploitation and contempt of court.
The newspaper quoted international law expert at Tel Aviv University, Professor Eliav Lieblich, as saying that South Africa makes two main claims: that Israel is not working to prevent statements calling for genocide, and that it is committing acts that constitute genocide.
He added, “These are very, very harsh matters to the ears of the Israelis, but their impact must not be ignored, and therefore these allegations must be responded to seriously.”
Israel is bound by international justice
Lieblich pointed out that genocide is a violation, and proving it in court requires two elements: first, showing intent to exterminate, and second, some field actions that reinforce this intent.
He said, “According to South Africa, the intent is demonstrated by statements by high-ranking Israeli figures and the general atmosphere to wipe out or level Gaza, demonstrating the widespread harm to civilians and hunger in Gaza.”
Lieblich stated that extremist statements issued by senior Israeli officials could be considered evidence of intent to harm the civilian population in Gaza.
He added, “In general, it is difficult to prove genocidal intent, because no public statements to that effect were made during the fighting,” but such irresponsible statements about the obliteration of Gaza will require Israel to explain why they do not reflect such intent.
“South Africa will have to prove a causal relationship between politicians’ statements and the army’s actions,” Lieblich added, noting that it will be difficult to do so.
Condemnation of Israel is possible
For her part, Shelly Aviv Yeni, an expert in international law at the University of Haifa, considered that South Africa’s complaint should not be taken lightly, as the International Court of Justice has a great influence in shaping international law, and its rulings affect the perceptions of the international community.
“Therefore, acknowledging South Africa’s lawsuit may reinforce the perception that Israel is committing genocide in Gaza,” she explained.
According to Aviv Yeni, it is not unlikely that the Court would issue such an injunction against Israel, ruling that its operations violate human rights protected by the Genocide Convention.
The Israeli international law expert concluded, “If Israel does not provide a detailed response refuting the accusations against it, the court is likely to do so.”
