Israel faces genocide charges. Will they stick?
The war in Gaza has killed thousands of civilians. Judges will decide if that's a war crime.
Something extraordinary happened on Thursday. Israel — created as a modern nation in the aftermath of the Holocaust — went on trial in the International Court of Justice (ICJ) in The Hague, accused of genocide in the Gaza Strip.
The court "has never judged a country to be responsible for genocide," The Associated Press reported. That could change. Israel's war against Hamas, started after the murderous Oct. 7 attacks by the Palestinian group, has reportedly killed more than 23,000 Gazans. South Africa lodged the formal accusation against Israel, and on Thursday asked for a halt to the war. "Nothing will stop the suffering except an order from this court," said South African lawyer Adila Hassim.
Reuters reported that Israel, of course, denies the allegations. "We have seen today one of the biggest shows of hypocrisy in history when South Africa became the legal arm of a terror organization, Hamas," a Foreign Ministry spokesperson. The war against Hamas came only after the attacks in which hundreds of Israelis were "massacred, executed, murdered, burned alive, raped and kidnapped." Israel, the spokesperson said, "is executing its right to self-defense."
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Israeli officials, though, are nervous about the outcome of this week's hearings. "Since there is a bloc of anti-Israel judges, we should be worried," Hebrew University's Robbie Sabel told The Times of Israel. A declaration of genocide, he said, "would be a stain on our reputation."
What the commentators said
The charges against Israel "cannot be so easily dismissed," Mark Leon Goldberg argued at The New Republic. South Africa's case quotes "over a dozen senior civilian and military leaders," including Prime Minister Benjamin Netanyahu, to support the notion that the mass death of Gaza civilians "is not merely an unfortunate consequence" of the war against Hamas, but is instead "part of the point." Don't expect any judgments soon, however. At the ICJ, "the wheels of justice move very, very slowly."
"Israel is not committing genocide — but Hamas is," Stanislav Pavlovschi and Arsen Ostrovsky wrote at The Hill. The crime of genocide "has nothing to do with the number of civilian casualties" and everything to do with the intent to destroy "a national, ethnic, racial or religious group." Hamas has declared its goal is the destruction of Israel. But Israel's goal is to destroy Hamas. "Israel," the pair write, "is not seeking to destroy the Palestinian people, whether in whole, in part, or in any manner."
"Genocide or not, Israel has lost the moral high ground," Avraham Shama countered, also at The Hill. After Hamas' initial attack, the "world's public opinion was supportive of Israel's right to retaliate." But the "wholesale, indiscriminate killing of Palestinians" has reversed that calculus. Israel "can no longer claim 'we are different, we are more humane.'"
What next?
Israel is hoping for vindication at ICJ, Axios reported, with a "strategic goal" of having the court "recognize that the Israeli military is operating in the Strip according to international law." But it's not clear how much difference an adverse ruling would actually make. The court, after all, already ordered Russia to cease its invasion of Ukraine — and the war is still grinding on after two years. "While ICJ orders are binding, they are hard to enforce."
But some critics say that Israel has already lost a significant battle by seeing this case go before the court. "South Africa has already won by getting the hearing, and Israel knows it," Francis Boyle, a human rights lawyer, told CBS News. An order to halt the war could — technically — be accompanied by United Nations sanctions against Israel, though it is likely the United States would veto any U.N. efforts to punish Israel. The Biden administration remains committed to Israel, and that remains true amidst the genocide charges: Secretary of State Antony Blinken this week called the allegations "meritless."
Create an account with the same email registered to your subscription to unlock access.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Joel Mathis is a freelance writer who has spent nine years as a syndicated columnist, co-writing the RedBlueAmerica column as the liberal half of a point-counterpoint duo. His work also regularly appears in National Geographic, The Kansas City Star and Heatmap News. His awards include best online commentary at the Online News Association and (twice) at the City and Regional Magazine Association.
-
Major League Baseball is facing an epidemic of pitcher's injuries
Under the Radar Many insiders are blaming the pitch clock for the rise in injuries — but the league is not so sure
By Justin Klawans, The Week US Published
-
8 movie musicals that prove the screen can share the stage
The Week Recommends The singing and dancing, bigger than life itself
By Scott Hocker, The Week US Published
-
2024 Mother's Day Gift Guide
The Week Recommends A present for every mom
By Catherine Garcia, The Week US Published
-
'Can we — the people who have bought so much already — really keep buying more?'
Instant Opinion Opinion, comment and editorials of the day
By Harold Maass, The Week US Published
-
Sudan's year of civil war: 'the world has turned its back'
Talking Point Fractured state has 'essentially collapsed' as conflict between rival militias stretches on
By The Week UK Published
-
'Horror stories of women having to carry nonviable fetuses'
Instant Opinion Opinion, comment and editorials of the day
By Harold Maass, The Week US Published
-
Is the Gaza war tearing US university campuses apart?
Today's Big Question Protests at Columbia University, other institutions, pit free speech against student safety
By Joel Mathis, The Week US Published
-
'Make legal immigration a more plausible option'
Instant Opinion Opinion, comment and editorials of the day
By Harold Maass, The Week US Published
-
Israel's military intelligence chief resigns
Speed Read Maj. Gen. Aharon Haliva is the first leader to quit for failing to prevent the Hamas attack in October
By Justin Klawans, The Week US Published
-
'Republicans want to silence Israel's opponents'
Instant Opinion Opinion, comment and editorials of the day
By Harold Maass, The Week US Published
-
Is there a peaceful way forward for Israel and Iran?
Today's Big Question Tehran has initially sought to downplay the latest Israeli missile strike on its territory
By Sorcha Bradley, The Week UK Published