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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Sharad Pawar praised RSS after seeing how it burst fake narrative balloon of LS polls: Fadnavis
Nagpur, Jan 10: Maharashtra Chief Minister Devendra Fadnavis on Friday said NCP (SP) chief Sharad Pawar praised the RSS after realising how the outfit managed to overcome the fake narrative spread by the opposition in the 2024 Lok Sabha polls.
The opposition had claimed BJP wanted to win 400 seats to change the Constitution and end reservations, a narrative which BJP leaders later claimed hit the party hard.
On Pawar praising the RSS recently, the CM said the MVA was successful in creating a fake narrative during the 2024 Lok Sabha polls.
"When assembly polls were approaching, many people from diverse fields who are inspired by the RSS played their role and burst the balloon of this fake narrative. Sharad Pawar saheb is very intelligent. He would have certainly studied this aspect. He realised that this (RSS) is not a regular political power but a nationalist power. In any competition it is good to praise others," he added.
That is why Pawar may have praised the RSS, Fadnavis said.
Speaking at an interaction with senior editor Vivek Ghalsasi at Late Vilasji Fadnis Jivhala programme here, Fadnavis also said he had asked for organisational work when Eknath Shinde was made chief minister in June 2022, but senior leaders asked him to join the government.
He also said Prime Minister Narendra Modi asked him not to behave like an extra-constitutional authority in the government.
He said the decision to become deputy chief minister on the command of the party leadership earned him a lot of praise from the cadre.
After the massive mandate the ruling alliance received in the 2024 assembly polls, Fadnavis said people and party workers would not have been happy if the CM was not from the BJP.
Shinde himself agreed within minutes that the CM must be from the BJP, which itself got 132 seats and was close to a majority of its own in the 288-member assembly, he added.
On Shiv Sena (UBT) chief Uddhav Thackeray meeting him during the winter sessions of the legislature in Nagpur, Fadnavis said he had announced he would not indulge in politics of revenge after becoming CM and all leaders responded positively to it.
On chances of the NCP (SP) and NCP coming closer or reuniting, Fadnavis said, "If you see the developments that took place from 2019 to 2024, I realised never say never and anything can happen. Uddhav Thackeray goes to some other party and Ajit Pawar comes to us. In politics anything can happen though I am not saying this should happen."
He praised BJP leader Arun Gujarati from whom he learnt patience, which he claimed was an important quality in politics along with the ability to take criticism.
In a lighter vein, he said, "I only get angry when I am hungry. If you see me angry then give me something to eat and my anger will go away."
