South Africa tells top UN court Israel is committing genocide in Gaza as landmark case begins

Judges preside over the opening of the hearings at the International Court of Justice in The Hague, Netherlands, Thursday, Jan. 11, 2024. The United Nations' top court opens hearings Thursday into South Africa's allegation that Israel's war with Hamas amounts to genocide against Palestinians, a claim that Israel strongly denies. (AP Photo/Patrick Post)

THE HAGUE, Netherlands — In a case that strikes at the heart of Israel’s national identity, South Africa formally accused the country of committing genocide against Palestinians and pleaded Thursday with the United Nations’ top court to order an immediate halt to Israeli military operations in Gaza.

Israel, which was founded in the aftermath of the Holocaust, has vehemently denied the allegations. As a sign of how seriously they regard the case, Israeli leaders have taken the rare step of engaging with the court to defend their international reputation. Israel often boycotts international tribunals or U.N. investigations, saying they are unfair and biased.

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During opening statements at the International Court of Justice, South African lawyers said the latest Gaza war is part of decades of Israeli oppression of Palestinians.

The court “has the benefit of the past 13 weeks of evidence that shows incontrovertibly a pattern of conduct and related intention” that amounts to “a plausible claim of genocidal acts,” South African lawyer Adila Hassim told the judges and audience in a packed room of the Peace Palace in The Hague.

Prime Minister Benjamin Netanyahu blasted the case and vowed to continue fighting Hamas, the militant group whose fighters stormed through Israeli communities on Oct. 7 and killed some 1,200 people, mainly civilians.

“This is an upside-down world — the state of Israel is accused of genocide while it is fighting genocide,” he said in video statement. “The hypocrisy of South Africa screams to the heavens.”

The case is one of the most significant ever heard in an international court, and it goes to the core of one of the world’s most intractable conflicts.

South Africa is seeking preliminary orders to compel Israel to stop its military campaign in Gaza, where more than 23,000 people have died, according to the Health Ministry in the territory, which is run by Hamas.

“Nothing will stop the suffering except an order from this court,” Hassim said.

A decision on South Africa’s request for so-called provisional measures will probably take weeks. The full case is likely to last years.

Although the court’s findings are considered binding, it was unclear whether Israel would heed any order to halt the fighting. If it doesn’t, it could face U.N. sanctions, although those may be blocked by a U.S. veto.

The White House declined to comment on how it might respond if the court determines Israel committed genocide. But National Security Council spokesman John Kirby called the allegations “unfounded.”

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