The trial of Israel at the International Court of Justice at the Hague entered its second day on Friday morning.
At the hearing, Israel is expected to explain that the war in Gaza began only as a result of the October 7 massacre in Israel, which was perpetrated by the Hamas terror group, along with some of Gaza's civilians.
Attorney Tal Becker, the Foreign Ministry's legal adviser, noted that given the Jewish nation's history, it is not surprising that Israel was one of the first nations in the world to adopt the Convention on the Prevention and Punishment of the Crime of Genocide.
"The entirety of its case hinges on a deliberately curated, decontextualized and manipulative description of the reality of current hostilities," he said. "Seared in our collective memory is the systematic murder of six million Jews, as part of a premeditated and heinous program for their total annihilation."
"For some people, the promise of, 'Never again,' is a slogan for Israel, and the first moral obligation," he added, stressing that Israel did not want this war, and did not start the war. "This is a war against Hamas and Islamic Jihad and other terror organizations whose brutality knows no bounds."
"Hamas is trying to maximize the suffering of civilians in Gaza, while Israel is trying to minimize it."
Describing the horrors of October 7, he said, "On October 7, during a Jewish holiday, thousands of Hamas terrorists and others infiltrated Israel from the sea, ground, and air. Under fire of thousands of rockets, a massacre was carried out, with mutilation and rape. They tortured children in front of their parents and parents in front of their children, burned babies alive and systematically raped women, men, and children. 1,200 were murdered, 240 were taken hostage, including infants, elderly, Holocaust survivors, and people with disabilities."
"If there are actions that can be described as genocide - it is the actions against Israel," he emphasized. Becker also noted that responsibility falls on other countries to act against Hamas' stated agenda of destroying the State of Israel - an agenda which Hamas is not secretive about.
Professor Malcolm Shaw, a British attorney who is representing Israel, emphasized that, "If there is any genocidal intent, it is the events of October 7." Intent, he stressed, is crucial to whether an action counts as genocide, and not every armed conflict constitutes genocide.
"Israel's response to the October 7 massacre was and remains legitimate," he said.
Professor Galit Raguan noted that South Africa completely ignored Hamas' military strategy, which includes using civilian structures for military purposes.
Among the structures used by Hamas are hospitals, mosques, and United Nations compounds, she added.
Raguan presented photos of rockets and missiles hidden in a children's room, rockets launched from the roof of a United Nations building, tunnels dug beneath Shifa hospital, and more.
She stressed, "In every hospital IDF has searched, it found evidence of Hamas military use."
She also noted that the IDF has expended considerable efforts in mitigating civilian harm, "some exceeding requirements of the international law."
Israel, Raguan noted, placed "no limit of the amounts of food, water, or medical equipment allowed to enter Gaza." This policy on Israel's part is incompatible with claims of genocidal intentions.
"If Israel had such intent, would it have delayed its ground offensive by weeks?’’ she wondered, noting that the delay was intended to allow Gazans an opportunity to seek safety.
Further representatives of Israel displayed evidence of Hamas's use of civilian infrastructure and humanitarian aid and listed Israeli efforts to minimize damage to the Palestinian Arab populace.
A further statement by Israeli representatives described the resources Israel invests in coordination with other international aid attempts, and the steps Israel is taking to allow the return of the Palestinian Arab population to their homes following the war, including the withdrawal of Israeli troops from the Gaza Strip.
Israel also argued that the court had no authority to rule on the case, saying that the claim was made by a state that was not a party to the conflict and that any such ruling would impose irreparable damage to Israel's rights by granting an unfair advantage to the rights of the people of Gaza.
The Israeli representatives likewise alleged that the provisional measures requested are exclusively intended to be different ways to prevent further military actions, and noted a variety of previous cases where the court had not ordered such measures despite the similarities in the cases.
Israel's Attorney General for international law claimed that Israel has not deviated from international law, and that both military and civilian justice systems work independently and continuously to ensure that Israeli forces operate well within legal boundaries.
"Allowing provisional measures would send a message to terrorists that they can carry out their attacks, then exploit this court in their defense,'' he warned.
Following the hearing, the court declared that the verdict will be read in a public sitting at a date still to be determined.
The hearing began Thursday morning, after South Africa filed a lawsuit against Israel. The suit is based on alleged statements of senior Israeli officials, along with Cabinet ministers and members of Knesset. It also cites singers Kobi Petetz and Eyal Golan, cleaning they represent the spirit of the leadership.
A hearing of this sort has never been held regarding Israel in the Hague, and there have been no similar cases brought in the past.
On Thursday, White House National Security Council spokesperson John Kirby told reporters, “We have said repeatedly that we believe these allegations, this case is unfounded and that there is no basis for accusations of genocide against — against Israel. That’s not a word that ought to be thrown around lightly. And we certainly don’t believe that it applies here.”