Israel taps top legal minds, including a Holocaust survivor, to battle genocide claim at world court
Tel Aviv (AP): Israel is sending top legal minds, including a Holocaust survivor, to The Hague this week to counter allegations that it is committing genocide against Palestinians in Gaza.
The robust engagement with the International Court of Justice is unusual for Israel, which normally considers the United Nations and international tribunals as unfair and biased. The decision to participate rather than boycott reflects Israeli concerns that the judges could order Israel to halt its war against Hamas and tarnish its image internationally.
"Israel cannot run away from an accusation that is so serious," said Alon Liel, a former director general of Israel's Foreign Ministry and a former Israeli ambassador to South Africa.
Israel, which as one of the parties in the case is entitled to send a judge, has tapped a former Israeli Supreme Court chief justice to join the court's 15 regular members who will rule on the accusation. It has also enlisted a British barrister and lauded international law expert as part of its defense team.
Israel hopes their expertise will trounce the South African claim that Israel's military campaign in Gaza amounts to genocide and prevent an interim court order to force Israel to stop the fighting. Israel says halting the war when Hamas' capabilities are intact in many places and with hostages still in its captivity would amount to a Hamas victory.
The genocide charge strikes at the heart of Israel's national identity. The country sees itself as a bulwark of security for Jews after 6 million were killed in the Holocaust. International support for Israel's creation in 1948 was deeply rooted in outrage over Nazi atrocities.
The same year, with Israel's involvement, world powers drew up the convention against genocide in hopes of preventing similar atrocities.
Israel's unprecedented air, ground and sea offensive has killed more than 23,200 Palestinians, two-thirds of them women and children, according to health officials in Hamas-run Gaza. Israel's military campaign has displaced roughly 85 per cent of Gaza's 2.3 million population, many with no homes to return to. More than a quarter of the population is starving.
South Africa, which has long been a critic of Israel's treatment of the Palestinians, launched the case at the United Nations' top court in The Netherlands. Many South Africans compare Israel's policies toward Palestinians in Gaza and the West Bank with their own country's former apartheid regime of racial segregation.
Israel vehemently disputes the genocide claims, saying it is fighting a war of self-defense after Hamas launched its October 7 attack on southern Israel. Israel says its actions comply with international law and that it does its best to prevent harm to civilians, blaming Hamas for embedding in residential areas.
South Africa's 84-page filing says Israel's actions, including killing Palestinians and causing serious mental and bodily harm, "are genocidal in character." It says Israeli officials have expressed genocidal intent.
The case will likely drag on for years. But South Africa's filing includes a request for the court to urgently issue legally binding interim orders for Israel to "immediately suspend its military operations in and against Gaza."
Abiding by such a ruling would be politically costly for Prime Minister Benjamin Netanyahu, with Israelis still largely supportive of the war. Israel would also fall short of its declared goal of crushing the enemies.
If it doesn't abide, Israel could face UN sanctions. Although the US, Israel's closest ally, could veto such a move, doing so would anger many Democrats who have already soured on President Joe Biden over his strong support for Israel in the war. That could be damaging for Biden as he seeks reelection. US Secretary of State Anthony Blinken said Tuesday that the case is "meritless."
Eylon Levy, an Israeli government spokesman, criticised South Africa, saying it was giving Hamas political and legal cover.
"We are appalled that South Africa has chosen to play advocate for the devil," he said.
An Israeli official said Israel agreed to cooperate with the court because it is confident it will prevail. The official spoke on condition of anonymity because he was not authorised to discuss the matter with the media. Israel boycotted a prominent case at the court in 2004 about its West Bank separation barrier, which the court ruled was "contrary to international law," saying the proceedings were politically motivated.
Israel chose Aharon Barak a mainstay of the country's legal world for decades to join the panel of international judges. A former attorney general and peace negotiator who served as chief justice of Israel's highest court from 1995-2006, Barak has ruled in cases related to Israel's treatment of the Palestinians.
The internationally renowned 87-year-old has received honorary degrees from multiple universities, including Yale and Oxford.
British lawyer Malcolm Shaw, who will defend Israel, is the author of what's seen as the definitive textbook on international law. He has represented numerous states, including Ukraine and the United Arab Emirates, in international litigation, including at the International Court of Justice, according to a biography posted online by Essex Court Chambers, where Shaw is a barrister.
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Delhi CM Rekha Gupta accuses Mamata Banerjee of stalling SIR; TMC hits back
Kolkata (PTI): Alleging that her West Bengal counterpart Mamata Banerjee had approached the Supreme Court to stall the SIR exercise to prevent the identification of infiltrators, Delhi Chief Minister Rekha Gupta on Sunday claimed that the people of the state have made up their minds to dislodge the Trinamool Congress from power.
The TMC countered strongly, urging Gupta to "look into her own backyard" and accused her of making absurd allegations against the TMC government without checking facts.
Addressing participants at the 'Nari Sankalp Yatra' organised by the BJP's women's wing at Science City auditorium here, Gupta alleged that the "hands-off" and appeasement policies of the TMC government had allowed thousands of infiltrators to enter the state in recent years.
She claimed that this had put a strain on basic rights such as access to water, electricity, ration, education, livelihood and the right to vote for genuine citizens.
"She wants to perpetuate this and hence is trying to stall the SIR exercise, which aims at identifying and deporting infiltrators. Imagine a chief minister going to the apex court to argue against an exercise meant to ensure free and fair polls," Gupta said.
The BJP leader alleged that appeasement politics had reached an "alarming level" under the TMC regime.
Raising concerns over women's safety, she claimed that women in the state were not secure despite having a woman chief minister.
Referring to the rape-murder of a woman doctor at RG Kar Hospital, Gupta alleged that the state government had failed to respond adequately to such crimes.
She also referred to the alleged rape of a woman medic in Durgapur and another law student on a Kolkata college campus, claiming that criminals had been emboldened to commit brutalities against women.
She alleged that in crimes against women, overall crime incidents and child marriages, West Bengal remained among the top -- "a slur on a state which once led intellectual and social movements and set examples for the rest of the country," she said.
Criticising the state government's welfare initiatives, she said schemes such as Kanyashree were built on "false claims" and asserted that women needed security rather than assurances.
Accusing the state government of blocking central schemes, Gupta alleged that funds worth "lakhs of crores of rupees" had not reached the poor due to non-implementation of programmes such as Ayushman Bharat, PM Awas Yojana and Jal Jeevan Mission by the state.
"You are only interested in renaming projects and taking credit," she said.
Gupta also alleged that the education sector in the state had been adversely affected, saying several state-run schools had closed due to a shortage of teachers and that the government was opposed to the National Education Policy.
Drawing a comparison with BJP-ruled Delhi, Gupta said, "People have already voted out 'Bhaia' (a reference to former Delhi chief minister Arvind Kejriwal). Now it is your turn to bid farewell to 'Didi'." Calling upon women to resist what she termed "strong-arm tactics", she urged them to assert their strength, invoking the imagery of Goddess Durga.
"Bengal has the right to live with dignity, and women have the right to live with dignity," she added.
Reacting to Gupta's allegations, West Bengal Women and Child Welfare minister Shashi Panja accused her of making "absurd allegations" against the Trinamool Congress government ahead of elections.
Panja alleged that during Gupta's tenure in Delhi, several incidents had raised serious concerns, including reports of missing young women and a blast near the Red Fort.
She also criticised the air pollution situation in the national capital, claiming that people were struggling to breathe.
The TMC leader said that despite being in power for a year, Gupta was making "tall claims" instead of addressing key issues in Delhi.
Panja further alleged that the Delhi CM visited West Bengal during elections to "peddle false allegations" against the state government.
Rebutting Gupta, the TMC said in a post on X said, "Madam why did you go off-script again? For your edification, here are the cold, hard facts: In total cases of crimes (IPC + SLL), Bengal ranks a respectable 15th, far safer than BJP-ruled Uttar Pradesh, Maharashtra, and Gujarat, which languish near the bottom."
"In overall crime rate, Bengal sits comfortably at 28th. Who's second? Your own Delhi. Double Engine Gujarat and Haryana grab 4th and 5th as top-tier crime havens," the TMC said.
"In child marriage, Assam again takes the shameful pole position. And yet you dare lecture Bengal? Stop embarrassing yourself, stop the hypocrisy, and maybe fix the rotting mess in your own backyard before pointing fingers at a state that's outperforming your disasters on every key metric," the TMC countered.
