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South Africa’s ICJ “genocide” case against Israel “cynical and politicised act of lawfare”

Jan 12, 2024 | AIJAC staff

The Peace Palace in The Hague, Netherlands, the administrative building for international law, and the International Court of Justice (Image: Shutterstock)
The Peace Palace in The Hague, Netherlands, the administrative building for international law, and the International Court of Justice (Image: Shutterstock)

South Africa’s contention in its International Court of Justice (ICJ) claim – that Israel’s actions to combat terror in the wake of the October 7 wave of unprovoked mass murder, rape, torture and kidnapping directed largely against civilians inside Israeli territory amount to the crime of genocide – is clearly absurd and can only be explained as a cynical and politicised act of lawfare. No serious analysis of the conflict between Israel and Hamas could suggest any genocidal intention against the Palestinian people on the part of Israel, as the Genocide Convention unambiguously requires.

Efforts to cite aggressive but ambiguous statements by some Israeli politicians and public figures who have no significant role in overseeing Israel’s military plans or policies as proof of genocidal intent amount to an intentional misrepresentation of Israeli policy as part of efforts to deny Israel any right of self-defence – thus aiding and abetting Hamas’ bloody terrorism. Ironically, it is Hamas that has unambiguously displayed genocidal intent through both its actions and words – including repeated calls in official Hamas documents and statements to annihilate not only Israel and its population, but to direct murderous designs against Jews wherever they are, as well.

Burdening the ICJ with such blatantly political and baseless allegations drastically undermines the integrity of the Genocide Convention – which has never been more important than it is today, given the arguably genuine genocides being threatened or perpetrated around the world. Indeed, it is highly damaging to the whole framework of international law, which is supposed to help make the world a better place and upon which the security of Australia, and many other countries, in great part depends.

Dr. Colin Rubenstein
Executive Director – AIJAC

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