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Citing the Holocaust, Israel offers rebuttal to South Africa’s genocide charges at the International Court of Justice
(JTA) — Lawyers for Israel put forth their rebuttal to South Africa’s charge that it was committing genocide in the Gaza Strip, and said the case before the International Court of Justice cheapened a term that was coined to describe the destruction of the Jewish people.
The case made by lawyers for Israel on Friday addressed both prongs of the argument South Africa made the day before, coupling Israel’s methods, which are destroying large swaths of Gaza, with statements by Israeli leaders that South Africa says establish intent to commit genocide.
But Israel also advanced an overarching argument that the court should not abuse a term, genocide, reserved only for the most extreme cases.
“Yes, there is a heart-wrenching armed conflict, but the attempt to classify it as genocide and trigger provisional measures is not just unfounded in law, it has far reaching and negative implications that extend well beyond the case before you,” Gilad Noam, Israel’s deputy attorney general, told the court.
“Ultimately entertaining the applicant’s request would not strengthen the commitment to prevent and punish genocide but weaken it,” he said. “It will turn an instrument adopted by the international community to prevent horrors of the kind that shocked the conscience of humanity during the Holocaust into a weapon in the hands of terrorist groups who have no regard for humanity or for the law.”
The statute under international law allowing for the court’s adjudication of genocide was composed in the wake of the Holocaust.
Tal Becker, a legal adviser to Israel’s Foreign Ministry, noted the term’s origins, coined by Raphael Lemkin, a Polish Jewish lawyer.
Lemkin, Becker said, “helped the world recognize that the existing legal lexicon was simply inadequate to capture the devastating evil that the Nazi Holocaust unleashed.” Now, he said, South Africa was seeking to turn the term inside out.
“The attempt to weaponize the term genocide against Israel in the present context does more than tell the court a grossly distorted story, it does more than empty the word of its unique force and special meaning, it subverts the object and purpose of the [genocide] convention itself,” he said.
Israel has argued that Hamas’ Oct. 7 invasion that launched the war — when terrorists invaded from Gaza and killed 1,200 people, mostly civilians, brutalized thousands more and took more than 240 people hostage — better fits the term “genocide.” Becker noted the presence in the courtroom of families of some of the more than 100 people who remain hostages.
More than 23,000 Palestinians — 1% of the strip’s population — including thousands of children, have been killed since Israel launched counterstrikes, Gaza’s Hamas-run health ministry has said. Israel has said in the past that a third of the dead are combatants.
Friday’s arguments at the court in The Hague are a preliminary stage of the case, which may take years to decide. The next step is for the 15-judge panel to determine whether to order a full or partial halt to the fighting, if it finds the risk of genocide credible. The court cannot enforce such an order, but it could provide a legal predicate for nations to boycott or isolate Israel
A factor driving Israeli outrage at the proceedings — so much so that the country has reversed a longstanding policy of ignoring United Nations-affiliated bodies — has been that a country founded in the ashes of the destruction of its people should face the charge of genocide.
“A terrorist organization carried out the worst crime against the Jewish people since the Holocaust, and now someone comes to defend it in the name of the Holocaust,” Prime Minister Benjamin Netanyahu said earlier this week.
Israel’s lawyers also said the breadth and methods of Israel’s counterattacks did not deviate from the laws of war and instead show that Israel is not intent on killing Palestinians en masse.
Galit Raguan, a legal adviser at Israel’s Justice Ministry, noted the measures Israel had taken to facilitate the entry of assistance into the strip, to warn civilians of impending attacks and to facilitate their evacuation. “The charge of genocide in the face of these extensive efforts is frankly untenable,” she said.
She listed a number of actions Israel has taken, including the allowing in of food and water, and medicines and medical equipment — an accounting that she said was far from comprehensive. She said the list showed that the evidence underlying the genocide charge is”tendentious and partial” and that “the allegation of the intent to commit genocide is baseless.”
She added, “If Israel had such intent would it delay a ground maneuver for weeks, urging civilians to seek safer space and in doing so sacrificing operational advantage?”
Israel’s critics say the country has frustrated the delivery of relief to Gaza Palestinians. Israel blames international aid groups for haplessness and Hamas for stealing the food and equipment. World health agencies say Gaza is on the verge of starvation.
Malcolm Shaw, a British barrister who specializes in human rights and who is leading the Israeli team, referred to quotes by Israeli officials that South Africa said signaled genocidal intent. Shaw said the citations were ripped from context or were made by officials who are not part of the decision-making process.
He noted, for instance, South Africa’s citation of comments by Israel’s minister of heritage, Amichai Eliyahu, who said “there is no such thing as uninvolved civilians in Gaza” and who fantasized about a flattened Gaza as “beautiful” and recommended nuking the strip.
Eliyahu, Shaw noted, “is completely outside the policy and decision making of the war. In any event, his statement was immediately repudiated by members of the war cabinet and other ministers, including the prime minister.” Netanyahu suspended Eliyahu from Cabinet meetings because of his remarks.
Shaw noted that the war was run by a small coterie of officials, and said South Africa ignored multiple statements by those officials upholding the protections of civilians, including Netanyahu and Defense Minister Yoav Gallant.
“The prime minister stated time and again, ‘We must prevent a humanitarian disaster, ‘” Shaw said.
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US House Members Ask Marco Rubio to Bar Turkey From Rejoining F-35 Program
US Secretary of State Marco Rubio attends a cabinet meeting at the White House in Washington, DC, US, April 10, 2025. Photo: REUTERS/Nathan Howard
A bipartisan coalition of more than 40 US lawmakers is pressing Secretary of State Marco Rubio to prevent Turkey from rejoining the F-35 Joint Strike Fighter program, citing ongoing national security concerns and violations of US law.
Members of Congress on Thursday warned that lifting existing sanctions or readmitting Turkey to the US F-35 fifth-generation fighter program would “jeopardize the integrity of F-35 systems” and risk exposing sensitive US military technology to Russia. The letter pointed to Ankara’s 2017 purchase of the Russian S-400 surface-to-air missile system, despite repeated US warnings, as the central reason Turkey was expelled from the multibillion-dollar fighter jet program in 2019.
“The S-400 poses a direct threat to US aircraft, including the F-16 and F-35,” the lawmakers wrote. “If operated alongside these platforms, it risks exposing sensitive military technology to Russian intelligence.”
The group of signatories, spanning both parties, stressed that Turkey still possesses the Russian weapons systems and has shown “no willingness to comply with US law.” They urged Rubio and the Trump administration to uphold the Countering American Adversaries Through Sanctions Act (CAATSA) and maintain Ankara’s exclusion from the F-35 program until the S-400s are fully removed.
The letter comes after Turkish President Recep Tayyip Erdogan claimed during a NATO summit in June that Ankara and Washington have begun discussing Turkey’s readmission into the program.
Lawmakers argued that reversing course now would undermine both US credibility and allied confidence in American defense commitments. They also warned it could disrupt development of the next-generation fighter jet announced by the administration earlier this year.
“This is not a partisan issue,” the letter emphasized. “We must continue to hold allies and adversaries alike accountable when their actions threaten US interests.”
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US Lawmakers Urge Treasury to Investigate Whether Irish Bill Targeting Israel Violates Anti-Boycott Law
A pro-Hamas demonstration in Ireland led by nationalist party Sinn Fein. Photo: Reuters/Clodagh Kilcoyne
A group of US lawmakers is calling on the Treasury Department to investigate and potentially penalize Ireland over proposed legislation targeting Israeli goods, warning that the move could trigger sanctions under longstanding US anti-boycott laws.
In a letter sent on Thursday to US Treasury Secretary Scott Bessent, 16 Republican members of Congress expressed “serious concerns” about Ireland’s recent legislative push to ban trade with territories under Israeli administration, including the West Bank, Gaza, East Jerusalem, and the Golan Heights.
The letter, spearheaded by Rep. Claudia Tenney (R-NY), called for the US to “send a clear signal” that any attempts to economically isolate Israel will “carry consequences.”
The Irish measure, introduced by Foreign Affairs and Trade Minister Simon Harris, seeks to prohibit the import of goods and services originating from what the legislation refers to as “occupied Palestinian territories,” including Israeli communities in the West Bank and East Jerusalem. Supporters say the bill aligns with international law and human rights principles, while opponents, including the signatories of the letter, characterize it as a direct extension of the boycott, divestment, and sanctions (BDS) movement, which seeks to isolate Israel as a step toward the destruction of the world’s lone Jewish state.
Some US lawmakers have also described the Irish bill as an example of “antisemitic hate” that could risk hurting relations between Dublin and Washington.
“Such policies not only promote economic discrimination but also create legal uncertainty for US companies operating in Ireland,” the lawmakers wrote in this week’s letter, urging Bessent to determine whether Ireland’s actions qualify as participation in an “unsanctioned international boycott” under Section 999 of the Internal Revenue Code, also known as the Ribicoff Amendment.
Under that statute, the Treasury Department is required to maintain a list of countries that pressure companies to comply with international boycotts not sanctioned by the US. Inclusion on the list carries tax-reporting burdens and possible penalties for American firms and individuals doing business in those nations.
“If the criteria are met, Ireland should be added to the boycott list,” the letter said, arguing that such a step would help protect US companies from legal exposure and reaffirm American opposition to economic efforts aimed at isolating Israel.
Legal experts have argued that if the Irish bill becomes law, it could chase American capital out of the country while also hurting companies that do business with Ireland. Under US law, it is illegal for American companies to participate in boycotts of Israel backed by foreign governments. Several US states have also gone beyond federal restrictions to pass separate measures that bar companies from receiving state contracts if they boycott Israel.
Ireland has been one of the fiercest critics of Israel on the international stage since the Palestinian terrorist group Hamas’s Oct. 7, 2023, massacre across southern Israel, amid the ensuing war in Gaza, leading the Jewish state to shutter its embassy in Dublin.
Last year, Ireland officially recognized a Palestinian state, a decision that Israel described as a “reward for terrorism.”
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US Families File Lawsuit Accusing UNRWA of Supporting Hamas, Hezbollah
A truck, marked with United Nations Relief and Works Agency (UNRWA) logo, crosses into Egypt from Gaza, at the Rafah border crossing between Egypt and the Gaza Strip, during a temporary truce between Hamas and Israel, in Rafah, Egypt, Nov. 27, 2023. Photo: REUTERS/Amr Abdallah Dalsh
American families of victims of Hamas and Hezbollah attacks have filed a lawsuit against the UN agency for Palestinian refugees, accusing the organization of violating US antiterrorism laws by providing material support to the Islamist terror groups behind the deadly assaults.
Last week, more than 200 families filed a lawsuit in a Washington, DC district court accusing the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) of violating US antiterrorism laws by providing funding and support to Hamas and Hezbollah, both designated as foreign terrorist organizations.
The lawsuit alleges that UNRWA employs staff with direct ties to the Iran-backed terror group, including individuals allegedly involved in carrying out attacks against the Jewish state.
However, UNRWA has firmly denied the allegations, labeling them as “baseless” and condemning the lawsuit as “meritless, absurd, dangerous, and morally reprehensible.”
According to the organization, the lawsuit is part of a wider campaign of “misinformation and lawfare” targeting its work in the Gaza Strip, where it says Palestinians are enduring “mass, deliberate and forced starvation.”
The UN agency reports that more than 150,000 donors across the United States have supported its programs providing food, medical aid, education, and trauma assistance in the war-torn enclave amid the ongoing conflict.
In a press release, UNRWA USA affirmed that it will continue its humanitarian efforts despite facing legal challenges aimed at undermining its work.
“Starvation does not pause for politics. Neither will we,” the statement read.
Last year, Israeli security documents revealed that of UNRWA’s 13,000 employees in Gaza, 440 were actively involved in Hamas’s military operations, with 2,000 registered as Hamas operatives.
According to these documents, at least nine UNRWA employees took part directly in the terror group’s Oct. 7, 2023, invasion of and massacre across southern Israel.
Israeli officials also uncovered a large Hamas data center beneath UNRWA headquarters, with cables running through the facility above, and found that Hamas also stored weapons in other UNRWA sites.
The UN agency has also aligned with Hamas in efforts against the Gaza Humanitarian Foundation (GHF), an Israeli and US-backed program that delivers aid directly to Palestinians, blocking Hamas from diverting supplies for terror activities and selling them at inflated prices.
These Israeli intelligence documents also revealed that a senior Hamas leader, killed in an Israeli strike in September 2024, had served as the head of the UNRWA teachers’ union in Lebanon, where Lebanon is based,
UNRWA’s education programs have been found by IMPACT-se, an international organization that monitors global education, to contribute to the radicalization of younger generations of Palestinians.