Linked to South Africa’s ongoing case accusing Israel of violating its obligations underneath the Conference on the Prevention and Punishment of the Crime of Genocide (the Genocide Conference), the new request, filed on 10 Could, requested the ICJ to order Israel to “instantly withdraw and stop its army operations within the Rafah governate”.
An ‘obscene exploitation’
Showing earlier than the Court docket, Gilad Noam, co-agent of Israel, refuted South Africa’s claims, terming it an “obscene exploitation” of the “most sacred” Genocide Conference.
“South Africa presents the Court docket but once more for the fourth time inside the scope of lower than 5 months, with an image that’s fully divorced from the details and circumstances.”
He said that Israel is engaged in a “tough and tragic” armed battle, a truth important to “comprehend the scenario” however one that’s ignored by South Africa.
“It makes a mockery of the heinous cost of genocide … details matter and reality ought to matter. Phrases should retain their which means. Calling one thing a genocide many times doesn’t make it genocide,” he added.
Israel didn’t begin the warfare
Mr. Noam additional said that it was not Israel that began the warfare, recalling the “horrific onslaught” on 7 October 2023 by Hamas and different Palestinian teams focusing on Israeli civilians and communities, killing over 1,200 and taking 254 girls, males and kids hostage.
He added that Hamas and different terrorist teams in Gaza proceed to assault Israel, displacing communities and destroying properties and infrastructure. Furthermore, Hamas continues to make use of Palestinian civilians as human shields.
“Rafah, specifically, is a focus for the continued terrorist exercise,” he mentioned, accusing Hamas of getting “intricate underground tunnel infrastructure” with command-and-control rooms, army tools, and probably for smuggling Israeli hostages out of Gaza.
He additionally famous that regardless that the ICJ referred to as for the rapid launch of the hostages, they continue to be underneath captivity.
Co-agent of Israel, Gilad Noam, on the public hearings within the case South Africa v. Israel on the ICJ.
Not a large-scale operation
“The fact is that any State put in Israel’s tough place would do the identical. The appropriate of defence towards the brutality of the Hamas terrorist group can’t be doubtful. It’s an inherent proper afforded to Israel, as it’s to any State,” Mr. Noam mentioned.
The Israeli consultant said his nation’s dedication to defending itself, “in accordance with the legislation, which is why it has labored diligently to allow the safety of civilians, whilst Hamas seeks intentionally to hazard them.”
“That’s the reason there has not been a large-scale assault on Rafah, however quite particular, restricted and localized operations prefaced with evacuation efforts and help for humanitarian actions,” he added.
Absolutely and sincerely engaged
Concluding his assertion, Mr. Noam cited the Court docket’s rejection of South Africa’s earlier requests for related provisional measures, and added that it could be “wholly inappropriate” to grant a provisional measure underneath such phrases.
“South Africa has not given ample motive why the Court docket ought to now deviate from or basically duplicate its earlier selections,” he mentioned, noting that Israel is “engaged absolutely and sincerely” within the proceedings, “regardless of the outrageous and libelous claims levelled towards it.”
“[Israel] has made clear repeatedly its unwavering dedication to its obligations underneath its worldwide legislation. It has performed this whereas the preventing continues and its residents are nonetheless underneath assault,” he mentioned.
