JUDGES at the International Court of Justice today opened two days of legal arguments in a case filed by South Africa, accusing Israel of genocide in its Gaza war. Israel rejects the allegation.

The South Africans pleaded with the United Nations’s top court in The Hague, Netherlands, to order an immediate halt to the country’s military operation. Israel has vehemently denied the allegations.

South African lawyers said during the opening arguments that the latest Gaza war is the result of decades of oppression.

South Africa is seeking binding preliminary orders to compel Israel to stop its military campaign in Gaza in which more than 23,200 people have died, according to the Gaza Health Ministry.

Around two-thirds of the dead are women and children.

Nearly 85 per cent of the 2.3 million population have been driven from their homes and last week the UN describes Gaza as “uninhabitable.”

South African lawyer Adila Hassim told the judges: “Genocides are never declared in advance, but this court has the benefit of the past 13 weeks of evidence that shows incontrovertibly a pattern of conduct and related intention that justifies as a plausible claim of genocidal acts.

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

Israel, however, says that it is battling a fierce enemy in the Gaza Strip that carried out the deadliest attack on its territory since its creation in 1948. 

Israel says it is following international law and does its utmost to avoid harm to civilians. It blames Hamas for the high toll, saying its enemy embeds in residential areas.

But South Africa insists that Israel is committing genocide by design.

“The scale of destruction in Gaza, the targeting of family homes and civilians, the war being a war on children, all make clear that genocidal intent is both understood and has been put into practice. The articulated intent is the destruction of Palestinian life,” said lawyer Tembeka Ngcukaitobi.

“What state would admit to a genocidal intent? Yet the distinctive feature of this case has not been the silence as such, but the reiteration and repetition of genocidal speech throughout every sphere of the state in Israel,” he said.

Ahead of the proceedings, hundreds of pro-Israeli protesters marched close to the courthouse with banners saying: “Bring them home,” referring to the hostages held by Hamas since it attacked Israel on October 7.

At a separate demonstration nearby, pro-Palestinians protesters waved flags saying: “End Israeli apartheid free Palestine” and chanting “Netanyahu criminal” and “Ceasefire now!”

In a sign of how seriously Israel is taking the accusation, it has sent a strong legal team to defend its military operation launched in the aftermath of the Hamas attacks.

Israel often boycotts international tribunals or UN investigations, saying they are unfair and biased.

A decision on the request for so-called “provisional measures” will likely take weeks. The case is likely to last years.

While Israel has vehemently denied the allegations, it is unclear whether it will heed any order from the court to halt operations. If it doesn’t, it could face UN sanctions, although those may be blocked by a US veto.

Israel’s lawyers will address the court on Friday.

Meanwhile, nearly 400 parliamentarians from across the globe have signed a petition calling for a ceasefire in Gaza.

The signatories, who include Sevim Dagdelen from Germany, Ilhan Omar from the US, Peter Mertens from Belgium, Daniele Obono from France, Clare Daly from Ireland and Jeremy Corbyn from Britain, are calling for a “multilateral ceasefire” and the release of “all remaining Israeli and international hostages.”

They also urge their own governments to “uphold international law and seek accountability for grave violations of human rights.”