In the background of the ongoing discussions at the High Court of Justice in The Hague, Israel emphasizes that even if the court accepts South Africa’s arguments and issues an order for Israel to stop the war in Gaza, the decision itself is not binding. However, two concerns have arisen in this context. The first concern is that an interim order to stop military action in Gaza could be used as a basis for a request to the UN Security Council to pass a binding resolution, relying on the American veto. The second concern is that the High Court’s order could lead to arrest warrants for Israeli officials from the International Criminal Court in The Hague.
Prime Minister Benjamin Netanyahu has denied accusations of genocide, stating that Israel is trying to protect Palestinian civilians in Gaza and accusing Hamas of using human shields. After initial hearings in January, the court found it likely that Israel had violated the rights of Palestinians under the Genocide Convention and ordered Israel to refrain from acts that could be considered genocide. The court also ordered Israel to improve the humanitarian situation in Gaza.
South Africa has accused Israel of escalating attacks on Palestinians and violating international law, claiming that genocide is taking place in the context of the ongoing occupation and the situation in Gaza. They called for international action to stop the genocide and address the humanitarian crisis in Gaza.
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