In recent days, the international community has witnessed a legal battle unfold at the International Court of Justice (ICJ), where South Africa has raised concerns about Israel’s actions in a war with Hamas. The root of the matter revolves around the use and abuse of the term “genocide” and the broader attempt to delegitimize Israel’s existence.
Israel’s commitment to the “Never Again” is rooted in its tragic history. The Genocide Convention, ratified by Israel early on, holds a special significance for a nation that emerged from the ashes of the Holocaust, after one third of the nation (6 million Jews) was exterminated simply because they were Jewish. Raphael Lemkin, a Polish Jew who witnessed the unspeakable horrors of the Holocaust, coined the term “genocide” to encapsulate the unprecedented evil witnessed during those dark days. Lemkin and other Jewish experts were amongst those leading and negotiating this convention. Israel’s incorporation of the convention’s provisions into its domestic legislation reflects a sincere dedication to preventing such horrors from recurring.
South Africa has now sought to invoke this term in the context of Israel’s conduct in a war it did not start and did not want. A war in which the State of Israel is defending itself against Hamas, Palestinian Islamic Jihad and other terrorist organizations that simply want to murder Jews and annihilate the State of Israel – aren’t these genocidal goals? It is easy to forget that Israel is attacked from all directions, Hamas and IJ from the South (Gaza) and East (West Bank), Hezbollah from the North (Lebanon), the Houthis from Southeast (Yemen) and Iran from the East. How many states are not recognized and have to live under a threat of destruction, elimination and terrorism? The answer is simple – only Israel.
Israel finds itself in the position of defending its citizens against brutal attacks that started on Oct. 7. An attack that led to more than 1,200 Israeli casualties, more than 240 kidnapped and 132 still held hostage.
Israel has announced that the war is not against the Palestinian people but against Hamas only. In fact, Israel is facilitating the entrance of humanitarian assistance into Gaza and is even providing safe passages for the civilians. However, the complexities of the situation are aggravated by the propaganda of Hamas, such as deliberately endangering and targeting civilians on both sides of the conflict. They use human shields and even built hundreds of kilometers of terror tunnels and terror facilities in or below humanitarian civilian institutions such as schools, hospitals and mosques. Up until this day, they still attack and launch rockets towards Israeli communities.
South Africa, positioning itself as a guardian of humanity’s interests, has chosen to challenge Israel’s legitimacy, questioning its 75 years of existence. South Africa’s leadership even called the leaders of Hamas a day after the attack to express their solidarity and support for them. This narrative, presented at the ICJ, appears to overlook Jewish history. South Africa claims Israel is an apartheid regime. How can this be a serious allegation when Israeli Arabs participate in elections, vote for the parliament and are even elected as members of the parliament? Arab citizens in Israel are enjoying a better life compared to most Arabs in the region. Many Israeli Arabs are condemning Hamas.
Some people need a reminder that the large-scale invasion by Hamas terrorists into Israeli territory resulted (as Hamas planned) in a horrific massacre of innocent civilians, including four Filipino caregivers. The brutality unleashed that day, documented through survivor testimonies, forensic evidence and the assailants’ own videos, stands as one of the darkest chapters in Jewish history since the Holocaust. Did I mention the rape, mutilation and murder of innocent Israeli women? And Hamas leaders are declaring that they will do it again if they get the opportunity to do so.
South Africa’s close relations with Hamas, despite the organization’s designation as a terrorist group by numerous states, adds a layer of doubt to the real intention and motivation of their move.
South Africa’s allegations risk perpetuating a distorted narrative and hindering Israel’s right to self-defense. The Genocide Convention should serve as a tool for justice, not a weapon for political maneuvering. The genocidal allegation is a libel aimed at denying Israel the lawful means to protect its citizens and freeing hostages held in the clutches of terrorism.
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Ilan Fluss is Ambassador of Israel to the Philippines.