Israel's legal team (L-R) Gilad Noam, Tamar Kaplan Tourgeman and Avigail Frisch Ben Avraham on Friday rebutted arguments by South Africa at the International Court of Justice in the Hague that Israel's offensive on Rafah was the final step in the "destruction of Gaza and its Palestinian people." South Africa is seeking to persuade the court to order Israel to immediately halt its military operation in the city in southern Gaza.
Photo by Lina Seig/EPA-EFE
May 17 (UPI) -- Israeli government lawyers opened day two of a South African bid to persuade the International Court of Justice to order it to halt its "genocidal" offensive on Rafah with a strong rebuttal, arguing that the military campaign would prove the savior of the Palestinian people.
Deputy Attorney General Gilad Noam told the court in The Hague that South Africa's premise that the offensive on the southern city was the final step of the "destruction of Gaza and its Palestinian people" turned reality on its head and that the truth was their future depended on escaping the clutches of Hamas.
"South Africa warns this court that, 'if Rafah falls, so too does Gaza.' Once again, however, the reality is exactly the opposite," said Noam.
"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."
South Africa also had an "ulterior motive" for seeking an Israeli pullback from Rafah, Noam alleged, saying the aim was to hand "a military advantage to its ally Hamas, which it does not want to see defeated."
Israeli Foreign Ministry principal deputy legal adviser Tamar Kaplan Tourgeman said that Israel was defending itself against Hamas and accused South Africa of "distorting statements" by Israeli leaders to "show genocidal intent that is simply not there".
She also rejected claims Israel had shuttered the Rafah and Kerem Shalom border crossings, the two main routes linking southern Gaza with the outside world.
"This is blatantly untrue. The truth is that Israel allows and facilitates the provision of more and more humanitarian aid through a number of crossings on a daily basis."
South Africa, which already has a case before the ICJ in The Hague alleging genocide by Israel in Gaza, opened its latest bid Thursday by accusing Israel of escalating its campaign of annihilation against the Palestinians and calling Rafah "the final stand" in a plan to "wipe Gaza from the face of the Earth" that was on the verge of being realized.
The urgent application by Pretoria requests the court to order Israel to "immediately withdraw and cease its military operations" in the Rafah governate "due to the continuing annihilation of the Palestinian people, with over 35,000 now killed and most of Gaza reduced to rubble".
It argues an all-out assault on Rafah would breach the clause of the 1948 Genocide Convention which prohibits "deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part."
The seven-member South African and international legal team upgraded the application it initially submitted May 10 from a request seeking to stop the Rafah offensive to an effort to halt all Israeli military operations in Gaza.
South Africa also asked the court to order Israel to immediately "ensure and facilitate unimpeded access" for UN and other humanitarian officials, fact-finding missions, investigators and journalists.
"Evidence of appalling crimes and atrocities is literally being destroyed and bulldozed, in effect wiping the slate clean for those who've committed these crimes and making a mockery of justice," said barrister Vaughan Lowe KC.
Max du Plessis, a lawyer for South Africa, said Israel's declared "safe zones" to which people are being urged to relocate from Rafah were far from being places of safety.
"There is nothing humanitarian about these humanitarian zones," he said. "Israel's genocide of Palestinians continues through military attacks and man-made starvation."
The hearing ended with the court requesting written clarification from Israel regarding existing humanitarian conditions in designated evacuation zones.
Judge Georg Nolte said the court wanted to know about al-Mawasi, north of Rafah, in particular, and how Israel would ensure safe passage to the zones, as well as the provision of shelter, food, water and other humanitarian aid and assistance to all those who opt to relocate.
Israel has until 4 p.m. Saturday to comply.
May 17 (UPI) -- Israeli government lawyers opened day two of a South African bid to persuade the International Court of Justice to order it to halt its "genocidal" offensive on Rafah with a strong rebuttal, arguing that the military campaign would prove the savior of the Palestinian people.
Deputy Attorney General Gilad Noam told the court in The Hague that South Africa's premise that the offensive on the southern city was the final step of the "destruction of Gaza and its Palestinian people" turned reality on its head and that the truth was their future depended on escaping the clutches of Hamas.
"South Africa warns this court that, 'if Rafah falls, so too does Gaza.' Once again, however, the reality is exactly the opposite," said Noam.
"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."
South Africa also had an "ulterior motive" for seeking an Israeli pullback from Rafah, Noam alleged, saying the aim was to hand "a military advantage to its ally Hamas, which it does not want to see defeated."
Israeli Foreign Ministry principal deputy legal adviser Tamar Kaplan Tourgeman said that Israel was defending itself against Hamas and accused South Africa of "distorting statements" by Israeli leaders to "show genocidal intent that is simply not there".
She also rejected claims Israel had shuttered the Rafah and Kerem Shalom border crossings, the two main routes linking southern Gaza with the outside world.
"This is blatantly untrue. The truth is that Israel allows and facilitates the provision of more and more humanitarian aid through a number of crossings on a daily basis."
South Africa, which already has a case before the ICJ in The Hague alleging genocide by Israel in Gaza, opened its latest bid Thursday by accusing Israel of escalating its campaign of annihilation against the Palestinians and calling Rafah "the final stand" in a plan to "wipe Gaza from the face of the Earth" that was on the verge of being realized.
The urgent application by Pretoria requests the court to order Israel to "immediately withdraw and cease its military operations" in the Rafah governate "due to the continuing annihilation of the Palestinian people, with over 35,000 now killed and most of Gaza reduced to rubble".
It argues an all-out assault on Rafah would breach the clause of the 1948 Genocide Convention which prohibits "deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part."
The seven-member South African and international legal team upgraded the application it initially submitted May 10 from a request seeking to stop the Rafah offensive to an effort to halt all Israeli military operations in Gaza.
South Africa also asked the court to order Israel to immediately "ensure and facilitate unimpeded access" for UN and other humanitarian officials, fact-finding missions, investigators and journalists.
"Evidence of appalling crimes and atrocities is literally being destroyed and bulldozed, in effect wiping the slate clean for those who've committed these crimes and making a mockery of justice," said barrister Vaughan Lowe KC.
Max du Plessis, a lawyer for South Africa, said Israel's declared "safe zones" to which people are being urged to relocate from Rafah were far from being places of safety.
"There is nothing humanitarian about these humanitarian zones," he said. "Israel's genocide of Palestinians continues through military attacks and man-made starvation."
The hearing ended with the court requesting written clarification from Israel regarding existing humanitarian conditions in designated evacuation zones.
Judge Georg Nolte said the court wanted to know about al-Mawasi, north of Rafah, in particular, and how Israel would ensure safe passage to the zones, as well as the provision of shelter, food, water and other humanitarian aid and assistance to all those who opt to relocate.
Israel has until 4 p.m. Saturday to comply.
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