Who's in Israel's legal team to battle genocide claim
With Israel facing genocide charges in the International Court of Justice (ICJ), President Isaac Herzog has said that the country will present a self-defense case. It will highlight the efforts taken to minimize civilian casualties in Gaza under challenging circumstances, he said. South Africa has taken Israel to the ICJ, accusing it of genocide in the Gaza war and demanding an immediate halt to its military actions.
Why does this story matter?
This is the first time that Israel is being tried under the United Nations' Genocide Convention. The conflict in the Hamas-controlled Gaza Strip started on October 7, 2023, after the terror group killed almost 1,200 Israelis and took around 240 hostages during its attacks on Israel. The Jewish nation responded with a multi-pronged military operation in the strip, killing over 23,200 Palestinians so far. The ongoing war has also triggered a humanitarian crisis.
Israel's defense strategy
Israel is sending top legal experts, including a Holocaust survivor, to The Hague to present a self-defense case. Tel Aviv University's international law professor Eliav Lieblich told CNN that the case is politically and legally significant, noting that a genocide charge is the most serious. Israel's engagement with the ICJ is unusual, as it typically views UN and international tribunals as biased. Former director general of Israel's Foreign Ministry, Alon Liel, said, "Israel cannot run away from such serious accusation."
International experts part of Israel's legal team
Among the legal experts on Israel's legal team are British lawyer Malcolm Shaw and former legal adviser at the Israeli foreign ministry, Robbie Sabel. Shaw brings extensive experience as he has represented states like Ukraine and the United Arab Emirates at the ICJ. Meanwhile, as one of the parties in the case, Israel is also entitled to send a judge to the panel.
Ex-chief justice of Israel's highest court joins ICJ judge panel
Israel chose Aharon Barak, an 87-year-old former chief justice, attorney general, and peace negotiator, to join the international judges' panel. Barak, a Holocaust survivor, played a key role in Israel's judiciary. Previously vilified by Israel Prime Minister Benjamin Netanyahu, Barak's inclusion is seen as a strategic move amid legal troubles. According to FirstPost, commentator Yossi Veter said: "Even Netanyahu understood that there's nobody but him. He's our '911' emergency service."
South Africa's charges against Israel
In an 84-page document, South Africa alleged that Israel's actions, such as killing Palestinians and causing severe mental and physical harm, "are genocidal in character." The document also alleges that Israeli officials have expressed genocidal intent. While the case may take years to resolve, South Africa has requested urgent interim orders for Israel to "immediately suspend its military operations in and against Gaza."
Potential consequences for Israel and US
Complying with such a ruling could potentially be politically damaging for Prime Minister Netanyahu, as many Israelis still support the war. Non-compliance could also lead to UN sanctions, which the US could veto but may anger Democrats already critical of President Joe Biden's support for Israel in the conflict. US Secretary of State Anthony Blinken has called the case "meritless."
When are the hearings?
The countries will have two hours each to submit their cases for or against emergency measures at hearings on Thursday and Friday. The proceedings, devoid of witness testimonies and cross-examinations, will mainly involve legal arguments by state officials. The request for emergency measures is an initial step, acting as a restraining order while the court examines the case. The ICJ will not make a final determination on South Africa's genocide allegations until a merits hearing, which is likely years away.
Watch: South Africa opens argument during hearings
What is the ICJ?
The ICJ is the highest UN legal body, established in 1945 to handle inter-state disputes. The ICJ is different from the treaty-based International Criminal Court, which deals with cases of war crimes against individuals. Since both Israel and South Africa are signatories to the 1948 Genocide Convention, the ICJ has the jurisdiction to rule on disputes over the treaty. To be sure, Palestinians do not have an official role in the proceedings as they are not a UN member state.
