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UN top court to hear allegations of genocide in Gaza conflict

Israel stringently denies genocide allegation tied to its war against Hamas
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FILE - The logo of the International Court of Justice, left, and that of the U.N., right, are seen on the judges bench at the International Court of Justice, or World Court, in The Hague, Netherlands, Thursday, Oct. 12, 2023. Israel is sending top legal minds, including a Holocaust survivor, to The Hague this week to counter allegations that it is committing genocide against Palestinians in Gaza. (AP Photo/Peter Dejong, File)

A legal battle over whether Israel害羞草研究所檚 war against Hamas in Gaza amounts to genocide opens Thursday at the United Nations害羞草研究所 top court with preliminary hearings into South Africa害羞草研究所檚 call for judges to order an immediate suspension of Israel害羞草研究所檚 military actions. Israel stringently denies the genocide allegation.

The case, that is likely to take years to resolve, strikes at the heart of Israel害羞草研究所檚 national identity as a Jewish state created in the aftermath of the Nazi genocide in the Holocaust. It also involves South Africa害羞草研究所檚 identity: Its ruling African National Congress party has long compared Israel害羞草研究所檚 policies in Gaza and the West Bank to its own history under the apartheid regime of white minority rule, which restricted most Blacks to 害羞草研究所渉omelands害羞草研究所 before ending in 1994.

Israel normally considers U.N. and international tribunals unfair and biased. But it is sending a to the International Court of Justice to defend its military operation launched in the aftermath of the Oct. 7 attacks by

害羞草研究所淚 think they have come because they want to be exonerated and think they can successfully resist the accusation of genocide,害羞草研究所 said Juliette McIntyre, an expert on international law at the University of South Australia.

In a statement after the case was filed, the Palestinian Authority害羞草研究所檚 foreign ministry urged the court to 害羞草研究所渋mmediately take action to protect the Palestinian people and call on Israel, the occupying power, to halt its onslaught against the Palestinian people, in order to ensure an objective legal resolution.害羞草研究所

Two days of preliminary hearings at the International Court of Justice begin with lawyers for South Africa explaining to judges why the country has accused Israel of 害羞草研究所渁cts and omissions害羞草研究所 that are 害羞草研究所済enocidal in character害羞草研究所 in the Gaza war and has called for an immediate halt to Israel害羞草研究所檚 military actions.

Thursday害羞草研究所檚 opening hearing is focused on South Africa害羞草研究所檚 request for the court to impose binding interim orders including that Israel halt its military campaign. A decision will likely take weeks.

Israel害羞草研究所檚 offensive has killed more than 23,200 Palestinians in Gaza, according to the . About two-thirds of the dead are women and children, health officials say. The death toll does not distinguish between combatants and civilians.

In the Oct. 7 attack, in which Hamas overwhelmed Israel害羞草研究所檚 defenses and stormed through several communities, Palestinian militants killed some 1,200 people, mainly civilians. They abducted around 250 others, nearly half of whom have been released.

U.S. Secretary of State Antony Blinken dismissed the case as 害羞草研究所 害羞草研究所 during a visit to Tel Aviv on Tuesday.

害羞草研究所淚t is particularly galling, given that those who are attacking Israel 害羞草研究所 Hamas, Hezbollah, the Houthis, as well as their supporter Iran 害羞草研究所 continue to call for the annihilation of Israel and the mass murder of Jews,害羞草研究所 he said.

The world court, which rules on disputes between nations, has never adjudged a country to be responsible for genocide. The closest it came was in 2007 when it ruled that Serbia 害羞草研究所渧iolated the obligation to prevent genocide害羞草研究所 in the July 1995 massacre by Bosnian Serb forces of more than 8,000 Muslim men and boys in the .

South Africa 害羞草研究所渨ill have a hard time getting over the threshold害羞草研究所 of proving genocide, said McIntyre.

害羞草研究所淚t害羞草研究所檚 not simply a matter of killing enormous numbers of people,害羞草研究所 she added in an email to The Associated Press. 害羞草研究所淭here must be an intent to destroy a group of people (classified by race or religion for example) in whole or in part, in a particular place.害羞草研究所

In a detailed, 84-page document launching the case late last year, South Africa alleges that Israel has demonstrated that intent.

Israel responded by insisting it operates according to international law and focuses its military actions solely against Hamas, adding that the residents of Gaza are not an enemy. It asserted that it takes steps to minimize harm to civilians and to allow humanitarian aid to enter the territory.

An Israeli Foreign Ministry statement called South Africa害羞草研究所檚 case a 害羞草研究所渄espicable and contemptuous exploitation害羞草研究所 of the court.

The ICJ case revolves around the genocide convention that was drawn up in 1948 in the aftermath of World War II and the murder of 6 million Jews in the Holocaust. Both Israel and South Africa are signatories.

In its written filing, South Africa says it went to the court 害羞草研究所渢o establish Israel害羞草研究所檚 responsibility for violations of the Genocide Convention; to hold it fully accountable under international law for those violations害羞草研究所 and to 害羞草研究所渆nsure the urgent and fullest possible protection for Palestinians in Gaza who remain at grave and immediate risk of continuing and further acts of genocide.害羞草研究所

A team of lawyers representing South Africa will present three hours of arguments in the wood-paneled Great Hall of Justice at the world court on. Israel害羞草研究所檚 legal team will have three hours on Friday morning to refute the allegations.

Among South Africa害羞草研究所檚 delegation will be former U.K. opposition leader , whose leadership of the left-of-center Labour Party was stained by He is a longtime supporter of the Palestinian cause and a fierce critic of Israel.

Human Rights Watch said the hearings will provide scrutiny in a U.N. courtroom of Israel害羞草研究所檚 actions.

害羞草研究所淪outh Africa害羞草研究所檚 genocide case unlocks a legal process at the world害羞草研究所檚 highest court to credibly examine Israel害羞草研究所檚 conduct in Gaza in the hopes of curtailing further suffering,害羞草研究所 said Balkees Jarrah, the group害羞草研究所檚 associate international justice director.

The U.N. court, headquartered in the ornate Peace Palace in a leafy suburb of The Hague, deals with disputes between nations. The International Criminal Court, based a few miles (kilometers) away in the same Dutch city, prosecutes individuals for war crimes, crimes against humanity and genocide.

Israel is back on the ICJ docket next month, when hearings open into a U.N. request for a non-binding on the legality of Israeli policies in the occupied West Bank and east Jerusalem.

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