The International Court of Justice in The Hague held public hearings on Thursday and Friday to assess South Africa's lawsuit against Israel for alleged genocide. Pretoria – and the countries of the Arab world – claim that Israel's military actions against Palestinian civilians in the Gaza Strip are violating Article 2 of the 1948 Genocide Convention. However, not all countries feel the same way about this trial, which will not condemn Israel decisively and could take years.
South Africa more than claims this 50 countries have expressed support for their demand Before the United Nations' highest court, Israel accuses Israel of genocide against the Palestinians in the Gaza war.
Others, including the United States, have strongly rejected South Africa's accusation that Israel is violating the UN Convention on the Prevention and Punishment of the Crime of Genocide. Others simply remained silent.
This is shown by the global reaction to the historic case, which was heard on Thursday and Friday at the International Court of Justice in The Hague a foreseeable global division over the insoluble problem of Israel and the Palestinianswhich has already lasted 75 years and whose new phase will be 100 days old on January 14, 2024.
Most of the countries supporting South Africa's case are from the Arab world and Africa. In Europe, only the Muslim nation of Türkiye has publicly expressed support.
No Western country has declared support for South Africa's allegations against Israel. The United States, a close ally of Israel, has rejected them as baseless, the United Kingdom has called them unjustified and Germany has said it “expressly rejects them.”
Judges preside over the opening of hearings at the International Court of Justice in The Hague, Netherlands, Thursday, January 11, 2024. AP – Patrick Post
China and Russia have said little about one of the most consequential cases ever brought before an international court. The European Union has also not commented.
The US shoots: “Unfounded accusations”
US Secretary of State Antony Blinken, during his recent visit to Israel before the trial began, said South Africa's allegations were “baseless” and that the case was “distracting the world from efforts to find a lasting solution to the conflict.” John Kirby, spokesman for the National Security Council, said: genocide “is not a word to be thrown around lightly, and we certainly don’t think it applies here.”.
“We don’t agree with what South Africans are doing”said British Foreign Secretary David Cameron about the case.
Israel firmly rejects the accusation of genocide and says it is defending its people. Tel Aviv claims the offensive is aimed at destroying the leaders of Hamas, the militant group that rules the territory and led this new phase of the conflict by launching surprise attacks against southern Israel on October 7, killing about 1,200 people, mostly civilians, were killed. and take about 250 hostages.
Smoke rises after an Israeli bombardment in the Gaza Strip, seen from southern Israel, Saturday, December 16, 2023. AP – Ariel Schalit
Blinken said a case of genocide against Israel was “particularly galling” because Hamas and other groups “continue to openly call for the destruction of Israel and the mass murder of Jews.”
United States, United Kingdom, EU and other countries They classify Hamas as a terrorist organization.
Israel's military response in Gaza has plunged the besieged Palestinian enclave into full-scale war, involving more than 100,000 soldiers 23,700 dead, according to Gaza's Ministry of Health. Most of them are civilians, according to reports from the Gaza Institution. More than two thirds are women and children. To date, much of northern Gaza has become an uninhabitable moonscape, with entire neighborhoods destroyed by Israeli airstrikes and tank fire.
South Africa has also condemned the October 7 Hamas attack, but maintains that it does not justify Israel's indiscriminate response.
Germany, unwavering support for Israel
Germany's announcement that it would support Israel on Friday, the day the hearings ended, has symbolic significance given its history of the Holocaust, when the Nazis murdered six million Jews in Europe. The State of Israel was founded after World War II as a refuge for Jews in the shadow of these atrocities.
“Israel defended itself”said government spokesman Steffen Hebestreit. In his statement, he also invoked the Holocaust, which led to the creation of the UN Genocide Convention in 1948.
“In view of German history… the Federal Government sees itself as particularly committed to the Genocide Convention,” he explained. He mentioned the allegations against Israel “completely unfounded”.
Protesters wave Israeli flags and hold photos of hostages kidnapped during Hamas's Oct. 7 cross-border attack on Israel during a demonstration outside the International Court of Justice in The Hague, Netherlands, Thursday, Jan. 11, 2024. AP – Patrick Post
Germany said it intended to intervene in the case on Israel's behalf.
The EU has simply stated that countries have the right to bring cases to the UN court. The majority of its member states have abstained from commenting.
Turkey, which is in the process of joining the EU, has been a lone voice in the region. Turkish President Recep Tayyip Erdogan said his country had submitted documents that would be used in the case against Israel.
“These documents condemn Israel”said Erdogan.
Arab condemnation is unanimous
The Organization of Islamic Cooperation (ICO) was one of the first blocs to publicly support the case when South Africa brought it forward late last month. He claimed that the Israel Defense Forces were carrying out an attack “massive genocide” and accused Israel of “attacking indiscriminately” for the civilian population in the Gaza Strip.
The ICO is a bloc of 57 countries that includes Iran, Iraq, Saudi Arabia, Qatar and Egypt. The headquarters are in Saudi Arabia. The Cairo-based Arab League, whose 22 member countries almost all belong to the ICO, also supported South Africa's case, which also found support outside the Arab world.
Injured Palestinians arrive at Al-Shifa Hospital following Israeli airstrikes on Gaza City in the central Gaza Strip, Monday, Oct. 16, 2023. AP – Abed Khaled
Namibia and Pakistan agreed on the case at a meeting of the UN General Assembly this week. Malaysia also expressed its support.
“No peace-loving person can ignore the massacre of Palestinians in Gaza,” said Namibian President Hage Geingob, according to The Namibian newspaper.
This is what the Malaysian Foreign Ministry demanded “Legal responsibility for Israel’s atrocities in Gaza.”
The silence of China, Russia and India
China, Russia – which is also facing genocide charges in court – and India have largely remained silent, apparently aware that taking a stand in such an inflammatory case has little benefit and could irrevocably alter their relations in the region.
India's foreign policy has historically supported the Palestinian cause, but Prime Minister Narendra Modi was one of the first world leaders to express solidarity with Israel and describe the Hamas attack as terrorism.
The gray scale
A handful of South American countries have spoken out, including the continent's largest economy, Brazil, whose foreign ministry said President Luiz Inácio Lula da Silva supported South Africa's case. However, the panel's comments did not directly accuse Israel of genocide, but rather focused on the need for a ceasefire in Gaza.
South Africa's lawsuit against Israel has two aspects: would like the court to determine that Israel is committing genocide and output a A preliminary decision ordered the end of his military operation in Gaza. The court said it would decide on an interim ruling soon, but given the seriousness of the case, that is The final verdict on the genocide charge could take years.
Brazil said it hoped the case would prompt Israel to “immediately end all acts and measures that could constitute genocide.”
Other countries have not met with South Africa. Irish Prime Minister Leo Varadkar said the genocide case was “far from clear” but he hoped the court would order a ceasefire in Gaza.
Israeli Prime Minister Benjamin Netanyahu said no one – including The Hague – would stop Israel's war against Hamas. Echoes of when Russia refused to listen to the court when it was told to stop its invasion of Ukraine almost two years ago.
*AP