The United States has officially entered the legal battle at the UN's highest court to defend Israel against South Africa's genocide accusations. America argues the allegations are baseless and warns that a ruling against Israel could damage international law.
THE HAGUE, Netherlands — America has officially stepped into the legal fight at the United Nations’ top court to defend Israel against genocide accusations brought by South Africa, contending the charges are unfounded and cautioning that a decision against Israel could damage international law.
The International Court of Justice is examining whether Israel’s Gaza military campaign aimed at defeating Hamas constitutes genocide under a post-World War II treaty. Israel, established following the Holocaust, has strongly rejected these claims.
According to documents The Associated Press obtained Thursday, America contends these accusations represent part of a “broader campaign” targeting Israel and Jewish people “to justify or encourage terrorism against them.”
Any nation that signed the 1948 Convention on the Prevention and Punishment of the Crime of Genocide may intervene to offer its legal interpretation of the case. In 2023, more than 30 nations supported Ukraine in a similar case against Russia.
Over a dozen additional countries have submitted interventions in the Israel matter, including Spain, the Netherlands and Ireland. Many hold different positions than America’s stance.
The American submission emphasizes that proving genocide demands “specific intent” to commit the offense and warns the Hague-based court against “lowering the standard.”
“Civilian casualties, even widespread civilian casualties, are not necessarily probative of genocidal intent, particularly when they occur in the context of an armed conflict involving urban combat,” America contends in its filing.
Reed Rubenstein, a State Department legal adviser representing America, stated that a decision against Israel would constitute a “radical repudiation” of the court’s established precedent.
Such a ruling would “feed the perception that the court is simply just one more tool in the ongoing pro-Hamas lawfare campaign” against Israel, Rubenstein explained to the AP.
Following a US-negotiated ceasefire that took effect last year, Gaza’s most intense combat has decreased, although regular Israeli military action persists.
The fragile deal has allowed increased humanitarian aid and other supplies into the territory, though limitations have returned during American and Israeli strikes against Iran.
The ICJ has issued multiple directives regarding Israel’s Gaza actions since South Africa launched its case in 2023, including ordering the nation to take all possible measures to prevent deaths, destruction and any genocidal acts. In related proceedings, the court has ruled that Israel must permit the UN aid organization in Gaza, called UNRWA, to deliver humanitarian assistance to Palestinian areas.
The International Criminal Court issued arrest orders for Israeli Prime Minister Benjamin Netanyahu and his former defense minister in 2024 related to the Gaza fighting. The ICC stated there was evidence to suggest the pair employed “starvation as a method of warfare” by limiting humanitarian aid and deliberately attacking civilians.
The Trump administration retaliated by imposing sanctions on ICC officials, including nine judges and senior prosecutors.
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