South Africa is now demanding that the ICJ order a ceasefire in Gaza.
Tamar Kaplan-Tourgeman, one of Israel’s legal team, noted that "Israel takes extraordinary measures in order to minimize the harm to civilians in Gaza."
Dr. Gilad Noam, Deputy Attorney General (International Law) at the Justice Ministry, began by stating that the claims made by South Africa are completely unconnected from the reality of what is happening on the ground.
He also noted that Hamas is not a party to the 1948 Genocide Convention, and therefore an order for Israel to end its war against Hamas would allow Hamas to continue its attacks on Israel.
He also said that South Africa's case against Israel "makes a mockery of the heinous charge of genocide" and is "an obscene exploitation of the most sacred convention."
"There is a tragic war going on, but there is no genocide," he stressed.
Noam added: "South Africa warns this court that, I quote, 'if Rafah falls, so too does Gaza'. Once again however, the reality is exactly the opposite. Only by bringing down Hamas's military stronghold in Rafah will Palestinians be liberated from the clenched grip of the murderous terrorist regime and the road to peace and prosperity may finally be paved."
Noam also noted that days before South Africa submitted its latest request to the ICJ, the country hosted a Hamas delegation: "They did not use the meeting to urge Hamas to release the hostages, to stop targeting Israeli civilians, to cease using human shields, to cease operating from within and nearby hospitals, UN facilities, and other protected sites," he said.
Instead, South Africa turned once again to the ICJ "in order to obtain military advantage for its ally Hamas, which it does not wish to see defeated."
Hamas, he added, has an advanced tunnel system in Rafah, which includes about 50 tunnels which cross from Rafah into Egypt. "Israeli hostages are being held there," he stressed.
