South Africa Accuses Israel of Genocide Day 2 In the International Court

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(00:03):
Sitting is open is open. TheCourt meets today and will meet tomorrow under
Article seventy four, paragraph three ofthe Rules of Court on the request to
hear the oral observations of the partysubmitted by the on the requests for the
indication on promissional Measure Number twenty twentysubmitted by the Republic of South and the
case concerning application of the Convention ofthe Crime the Prevention and Punishment of the

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Crime of Genocide in the Gaza Stripversus the co Agent of Israel, Mister
Telbecker. The Court does not includeupon the bench a judge of the nationality
of either party. Accordingly, bothparties avail themselves of the right under Article
thirty one, paragraph three of theStatute let him to choose a judge at
hoc distinguished has chosen Judge Dick Syndicateand Israel Judge of Israel. Article twenty

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of the Statute provides that Israeli memberCourt or taking up the genocide the Solemn
Declaration the Open exercises powers impartially andconscientiously in our collective into. Article thirty
one jews that same provision applies tomeditated and heinous program for inviting total sendicate

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and Judge Barak to make yourself judishiousnessfirst and say a few words. It
is not that their careers and qualifiedwas among the first of South African without
reservation, has had a distinguished cultureas its private practitioners legislation after obtaining degrees

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in English political sciences, never againfrom the University of South Africa is a
slow practice as an attorney for hismoral obligation. In twenty two thousand and
one he was appointed a judges Jewson the High Court and witness the unspeakable.
Later he became a judge on thecritical Partition point America Genocide, where

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he was Deputy Chief j War decadesand at the existing legal lexicon in twenty
thirty simply humatic team to capture thedevastating evil. Is also an als in
the Department of Jurisprudence at the Universityof Victoria and has served as a Chamber
of Historia Technicon in the University ofIsrael VI in a war it did not

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judgment, Seneke has received not wanthonorary doctorates. A war in which Israeli
defending itself against them and qualifications.An otherization of Israeli national whose brutality has
had an eminent as a judge inlaw professor, he holds a piece of
civilian suffering in the Meival University ofJerusalem and serve as the Dean of the

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tty of Law of that universe betweennineteen seventy four and nineteen sex realities of
the current host. He was appointedto the Israeli sci Reagonizing from nineteen seventy
eight and servants amprehensible strategy nineteen ninetyfive, thinking to maximize civilian hired to
joining this the body Israel and asthe Attorney General of the student As Israeli

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between nineteen forty five nineteen seventy fiveand eight, has already made law in
a number genocide Convention was not theuniverse to address the Hebrew University of University
the Sian population. Judge Barack hasalso even when the use of law and
resoved numerous honorary very serious issues ofinternational law in accordance with the order involved

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in enormous Article seven paragra continuing lossof life. I shall first invite Judge
Masseneke to make the Solemn Convention wasset apasty by the statute to a malevolent
present the most exceptional severity. Welive at a time when world Judgementsenica.
You have the floor, in anage of social media and identity politics,

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the temptation to reach for the mostoutrageous terms. Solemnly declare to vilify that
a world perform my duty for manysystem and exercise my powers. But if
there is honorably matter faith for thetruth should still partially it is surely conscientiously

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can have regrettably put Judge Barack tomake the suffoundly distorted, factual and legal
the statute. Judge Barack, youhave the floor. The entiretyly declare hinges
the juris in excess, Judge anddescription of the reality of currents. I
thank you, Judge bra South Africapurpos to come to this court in the

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lofty position of a guardian of theinterest of noted the solemn declarations Judge five
years and I declare them its judgein the case turning the Convention prevention and
punishment of the crime of genocide andthen weeping counter of these now recalled the

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principal steps of the pedals Jewish history. On twenty nine to Seber Agency of
South ABERCA filed in the Registry ofthe Court, indeed an application in diligentetings
against the State of Israel, allegingviolation by the last of its application under
the nineteen forty eight Commission on thePrevention and Punishment jinguishing, I shall recurb

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business invention as the injectionist rhetoric tofound the juristics on the surprising of that
fort invokes the applicans te Aoaragraph oneof the Statue Office an article the situation
and godsis and the very humanity ofits applications concerns am from views adopted condoned
being to weaponize by the government soldareas of Israel against the people a distinctive

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natural, corracial and grossly distorted inthe wake of the attacks in Israel.
On seventh more than the twenty threeof its union apples tends and special mass
by Israel, of which, asthe object of genocidal of the convention,
I quote, they are to bringabout the destruction of a seeking to defend

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against those who demonstrate racial and totaldisdain that part of the Palestine of the
Law in the Gaza Strip and AdamPresident members of that asserts that the relevant
tributable set Israel a Jewish the genocideand his committee also violate reached territory,
other fundamental cogregations and side convention invadingthat is railing community west where the indication

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of provisions on the site of themuseum into Article forty one of the statute
proceeded in articles seven thousands of simularlyinto Israel. According to South Africa was
the wholesale massacre, provisional measures necessaryin this case and the protect against further
terrorists could the rights of the PalestineIsrael under the convention which continued to be

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violated with explaining relations South Africa recorchildren became measures and parents are those front
of children as well as its ownrights and including in any aggravation or extending
need elimination of the schools of women'smemories and children location and of course,
the Reds will now reader passage fromthe request which the Government of South including

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infants entire families quote. The Stateof Israel shall immediately suspend its military operations
in torn against gazes. The Stateof Israel shall ensure that any military or
representing harm units which may be directed, support or talk influenced by it,

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as well as any organizations and personswhich may be subject to its control,
that direction, or influence. Takeno steps on furtherance of the military operation.
Refer to point one, Board three. The Republic of South Africa and
the State of Israel, each inaccordance with the obligations under the Convention and

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the prevention and punishment of the crimeof genocide in relation to the Palestinian people,
that take all reasonable measures within theirpower to prevent genocide. The State
of shall natural dance with its obligationsunder the Convention and the prevention and punishment
of the crime of genocide in relationto the Palestinian peoples as a group protected

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by the Convention of the prevention andpunishment of the crime of genocide exists from
the Commission to any and all actswithin the scope of Article two of the
Convention, in particular killing members ofthe group because in mental harm to the
members of the group see deliberately inflictingon the group conditions of life, calculating

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bridge about the physical destruction in theoral in part and the imposing measures intended
to present boards within the group ofIsrael persone to point force see above.
In relation to Palestinians, this isfrom and take all measures within its poets,

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including the resilding of relevant orders ofrestrictions and or of prohibitions, to
prevent the extritionman force displacement from theirown be the deprivation of B one access
to adequately and order be to accessto humanitarian assistance, including access to adequate

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fearing sheltered clothes, I g.And sanitation be true redicates supplies and assistance
and see the destruction of Palestinian lifein Gaza six. The State of Israel
shall, in relations to Palestinians,ensure that it's military as well as any
irregular arm units or individuals which maybe directed, support or otherwise influenced by

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it, and any organizations and personswhich may be subject to its control,
the direction or influence, do notcommit any describing four and five, or
engage in direct and public in Ithink incitement to commit genocide, conspiraciy or
commit genocide, attempt to commit genocide, or complicity in genoside, and in

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so far as they do engage therein that steps are taken towards their punishment
person and who Articles one, two, three, and four of the Convention
Prevention and Punishment to the crime ofgenocide. Seven. State of Israel shall
take effective measures to prevent the destructionand ensure the preservation of evidence related to

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allegations of acts within the scope ofArticle two of the Convention on the Prevention
and Punishment of the Crime of Genocide, and the State of Israel shall not
act to deny or otherwise restrict accessin fact finding missions, international mandates and
other bodies to gather to assist inensuring the preservation and retention of evidence it.

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The State of Israel shall submit areport to the Court on all measures
taken to give effect to this orderwithin one week as from the date of
this order, and thereafter at suchregular intervals as the Court shall order,
until a final decision on the caseis rendered the case, the State of

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Israel shall refrain from a reaction andshall ensure that no action statements of the
work which the extend the dispute beforethe Court or make it more difficult to
resolve, but that may be characterizedas genocide. Immediately after the application of
the indication of the visual measures wasfive, there is definite learn about the

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ompligation and the original copy thereof.He also not the responsibilities according to Article
for a parent agenda of the West, for the indication of which is not
a secret, shall have priority overall other cases. Parent the same language
of the Court shall proceed to.It is repeated regularly as later urgency,

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with the goal this imperative, inthe words of one member of the need
to fit the date of oral cleansingof Palestine as to afford the party of
the an opportunity to be represented atthe hearing. He's expressed, nonetheless chilling
parties in the words of from theopening of the world during the thing to
tresent their observations on the twenty fourindication of twenty twur measures had been fixed.

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Refers to Thursday, eleventh January twentytwenty four. AM. I would
now like to welcome the delegations ofSouth Africa and Israel, and I note
the presence before the Court of theAgents and Council of both parties. This
morning. The Court will hear thesingle round of oral argument of South Africa,
which has submitted the request for theindication of provisional measures. It will

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hear Israel tomorrow morning at ten am. For purposes of this single round
of oral argument. Each margntinue bailableInterview three on this first sitting, South
Africa may short extension beyond one todayin view of the time taking up is
illogical. Before I give the formthe agents of South Africa nobody part of

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the things we do to practice directionbefore which states as follow tenth in oral
for thee and the request for thewe do is just Fridays should limit themselves
quote to what is relevant to theCrazytomber and provisional measures before any military response
by Israel rules South Africa issued anofficial state they should not enter into blaming

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Israel strictliness the reasons for that conflagrationend of court essentially blaming Israel for the
murder his own citizens, Excellency one, wondrous wasters he for Excellency second.
It is in response to the slaughterof October seventh, which from us openly

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vows to the President and to theongoing members of the court. Gaza,
it is an privileged hommy to appearbefore your legitimate measures to defend South Africa
and secure the release. I wishto express my gratitude to the court.
It's right this year on the earliestpossible death has been acknowledged to entertain South
Africa's cross the word for the indicationof provisional message matter the court has been

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application to indicate that the ongoing willingIsrael Palestinian people, its military operations,
Israel's colonization since nineteen attempt to denysystematically possibly dispossessed me displaced, so the
defense said the Palestinian people to thehostages, deliberately denying thee over one hundred

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nationally recognized right to self determination,to say, in return to nationally recognized
rights of return as refugees in itstowns and relitious and what is now the
station of Israel of the ongoing particularlymindful of Israel's traitionalized regim of discriminatory the
hostage, police and still health designmaintained as established termination for subjecting the Palestinian

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people of the reason on both sidesof the green line on your screen,
decades long for widespread and systematic humanrights violations has emboldened Israel in its recurrence
and intensification of international crimes in Palestine. At the outset, South Africa acknowledges

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that the genocidal acts and omissions bythe State of Israel inevitably from part of
a continuum of illegal acts perpetrated againstthe people Palestinian people since nineteen forty eight.
The application places Israel's genocidal acts andomissions within the broader context of Israel's

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seventy five year aparte eight fifty sixyears. Application is not a party to
the sixteen year siege imposed on theGarde request, a siege which war Israel's
inherent right to defend itself being describedby the Directors of Way literally in Gods
render Israel's defense island. As Hamascontinues to commit yesterday at how Committee the

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illimination dirscrimination that Israel was denied thisright on the matter of fact should not
be able to protect the peach andhumanizes the horse targeted. Allow me to
draw attention to these reasons severe princessby Professor Israel and other states qualities,
the source of the event climes,whether a states or non state, a

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geno science is in the relevantry tothe existence of the right warning has been
followed by a success be used toavert a threat, including because seven United
States obliged by law passively of theface individual system of an attack to mobilize
to prevent agrees with these words asI suspect with a sovereign state. We

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are joined in court if the claimof the appetitives Palestine and State is that
in the armed company between Israel fromthe builds of Israel must have been denied
the ability including the defense of Gaza. Who would be days of South Africa's
argument, some of the lucky oneswho manager the guise of the allegation against
Israel of GENII and this of thedevelopment from end to operations against the ongoing

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at of an organization. Court willmake use that actual genocidal agenda leave of
the court. An organization that hasviolent every time cease fire, mister used
to realistad a place your traffic offSouth Africa. The organization that declares it's
an equivocal result to advance its genocidalplans. I think the agent is a
councionable requirement and I now invite themin it is respectfully directional service that it

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cannot stand South Africa is excellent,Mister d. The Court is informed of
the events of October seventh, becauseif there are any provisional measures that should
have crost einguished men, they arein the means in front of a public
record of that Republic of South Africaenjoys these relations with Comas explording regnition across

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then as organization full of Palestine,numerous states across you. So in full
knowledge these relations have continued related evenafter of a founding presidents South Africa has
long hosted and celebs in South Africa. Commas figures to the convention, including
a senior Hamas delegation of the preventionand punishment of crime, visited the Generate

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for solidarity gathering these just ways,the spirited women's approach this court and the
John instituting proceeding. Then this isa mat obligation to the people of part
of the genocide condlake. It seemsfitting them has previously constructed to comply those
obligations. It's a destruction in Palestineand Is and its own languages in the

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Germans existence the Palestinians, medical operationand using bantance with this organization seventy six
years, so that Hamas permanently campaignof genial since October the least the three
members of these since two thousand andfour. Israel continues between and and Commas

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over the spell exactly a terrible toilwater on the Israelis and palwater electricity,
any genuine infrastructure to understand the cosygovernment funds, take account of the horrendous
raility created and see to Gaza withinthe gards with Israel. When Israel withdrew
two crosses with soldiers and civilians fromGarda, given the continuing effective control,

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it left Israeli area the potential tobecome Israel political consider economical access community to
be unmastic smile and in two thousandand seven changed the Old Africa un equivoca
look on the past sixty years ofits rule of civilians smuggled countless weapons.
Thestinians group has diverted pinions and internationalson the seven of a cook not to

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schools, indigenspitals or shelter. Takeus the relation these condemned the dangers of
the attacked recently launched in many yearsto Israel on the rather massive civilian infrastructure
that's perhaps the most set and aterror stronghold on the stage term history of
mental health serious even an attack involvingcrimes. Council for provide any just scratch

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suffering in Gaza. Our defense parallelsto the Convention, as there is a
noltware law at devastation wrought in thosethat are born the sevenths of the river
the world has crossed the sadly andgive rise the civilians suffering in more.
Convention is not unique with such evidenceand what to do you can do to

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prevent the resident need to be oneconrench itself. The South African popular initiated
this can made Palestinian civilians South Africawelcome Integralrael is engaged with the case,
has seen that the men by thecompeted. Its military operation objective considered relitary,
and assets through and submission put withinand beneath as depends to the areas

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intended. It has built an extraand is content concerned for its leaders fighters,
requests sender several hundred instigation of Pruelmetrics and will necessarily narrows points and
terrorists hubs located in the ways ofmargins. Luther King thee the moral of

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the universe shocking is law hospital alwaysbending his tout an occasional tactic sofas case
and integrated by a team pre plannedlegal extensive and appraising of the method of
ward dealers in tbericanrablically murdering. SoI don't do that firing vicars in discrimingly
chron system using civilians and professed sensitiveside law and civilian objects and holding humanitarian

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and of the controls petrol, vulnerabilityto a funeral, such fighters and terror
September Senior calling side the mining Israel'sare La, Israeli and Testinian Professor Foremost
Senior Concert. The results will focuson the strategy jurisdiction. The horrible Americans

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is not only failing to protect itactively the threat for its own and military
benefit. Kings Concert present the hostagesand postential and protest and then Luing Kings
Concern will speak on the President Membersof the Court. I know, request

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Madam, there are many distortions fromthe applicants portation to the court, I
think, but I shall be demonstratedby count. There is one and he
overshadows them all, and the applicantstelling it is almost as if there is
no intensive armed conflict taking place betweentwo parties at all, no grave threat

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to Israel and its citizens, onlyan Israeli assault on the President. The
grenglish members of the widespread damage tobuild it is a privilege, but it
is not on behalf of the Republicof South case buildings were destrot important because
they were booby trapped by the casethat under legitimate essence because of the strategy

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of using objects humanity and protected sideexpress military the preamble to the genocide.
It's more, the two thousand inthe genocidal is fired and landing. The
surgent request for provisional measures is tolduntil the statute of the court, as
the applicant repeats unverified, has hisexpress provided by com the convention hardly Alian

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actions that for every civilian definition ofgenocide, the human tragedy show our compassion
of conduct from which genocide is nottold. How many thousands of casualties are
in fact military to place these acts? How many were killed by camas fire
Gaza, how many were civilians takingdirection and territories? And just how many

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other Residian territories of legitimate and proportionform against military targets. Even if it
is a narrow strip of sixty five, humanitarian situation in Gaza as depicted in
it is not told of classes practiceof stealing and hoarding aid Israel continues.

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Not extensive Israeli efforts to mitigate thecivilian harm of the humanitarian wars being undertaken
and to enable the flow of suppliesand provide medical attention to the womanlectromagnetic sphere.
The applicants civilian sports to describe thereality in Gaza as well as as
if mental function and its total contemptfor civilian life do not exist, said

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as a direct of reality by airand c to estimated Israel operating the only
two Christs is going to bring minersthan fifteen or six is the most densely
populated places in the world. Ishome to approximately two point three minion,

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almost half of there are no dresin mosques and schools and children said days
ambulaces used to transport to what hasbeen described no tunnels, bombing campaigns,
modern warfare, commandeering a Gaza,Israeli homes and bombs and facilities from even

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land, and there is only Israelacting in Gaza also is essentially asking by
starvation, substitute demagation, conflicts anddisease between the lawless territory besiege by Israel,
with the town of Insufficient being allowedthrough to the Palatine, the court

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and the impossibility is offering it distributingthis limited aid. Madame President bonds for
members of the Court. This conductnights to life has been concealed when applicant,
but it is the environment is compelledto operate as this court is committed

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as in the comply with the law. It is not in the face for
the content on the question of whetherit is a genus demonstrate humanity, it
is necessary to estab us in theface of commerces. Whether some of the
acts alleged as will be presented bycounseling within the amendments, are American express

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government policy on military directly this proceduresan ongoing genocidal are also claim of Israel's
court that at least some and asshall also shot these acts. The genuine
measures on the greasions to mitigate civilianacts are doctor the unprecedented in detail and
excruciating conditions of warfare and applications andconfirmed u N under the term set by

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this very course, that's unnecessary stateconducting in me to account all of in
these circumstances, I will highlight onlysaid to be engaged in illustrate not even
the prim of genocidal conduct. Thekey component of genocide, the unstatuts to
destroy people in whole or in todate is totally lacking. Nine January by

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operating in Gaza is not to destroysubmissions. We will illustrate factories that we
rely on it with limited use whoare under attacked audio visual material fronts and
accord with distriven as it faces ahand he where necessary determined to use respect

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against it to the Palestinian peoples willbe detailed by counsel against this. Israel's
lawful aims to demonstrate being clearly andrepeatedly articulated. How is Prime minsterduct violates
Defense ministers and all members of thewar Cabinet to be the Prime Minister again
this week and two D Israel terroristsnot the civilian population. First genocidal Israel

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aims to ensuremed by Israel can neveragain be used as alans in gods terrorism
in violation of the Prime Minister ofthe Genocide Convention. Israel seeks neither to
permanently un general exploit to displaced population. The level wants to create future and
Palestinians alike nowhere we both can livein, thrive and prosper. As I

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stand before us in people have allthe powers. Two thousand but not the
hundred and ten Palestinians have been killed. Is a threat to British forces during
the humanitarian threat over the last ofthe Palestinian civilians of Gaza. At least
it's them primarily from the fact thatthey have leaved control to be women organization

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such as Totally Palestinians and Well beingpresumed dead. That organizations and its sponsors
seek to deny Israel, Palestinians andArab states across theans in Gaza stability to
a common future wherever they go coexistence, killed in their security and in

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places where they seek shelter. Israelis in a war of defense against Hamas
schools, not against the Palestinians,to ensure that they do not succeed,
and as they try to find foodand circumstances their families. They can hardly
be a charge they failed to morelevel than the allegation against Isral paces to

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which they has regrettably attempt to fleealone. Convention compulsory jurisdiction mechanism and in
particular killing regional members phase of bodiesare to bring the value of the Court
grave matters over which in truth unidentifiedjurisdiction. In the three weeks members of

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the Court following certicide Convention is promisesix to the Jewish people, bombs to
all people of never against two hundredtimes it has deployed, invites, the
court and the promise bombs. Ifthe term it can be so designated in

(31:45):
the way that it advocates these visualdetriminated, in the way that including methagee
camps, the convention becomes bombs,it will reward. Indeed, in most
the terrorists behind civilians, they aredropped the expensive that are used to strike

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targets. The integrity of the resourcedand to maintain its promise is still and
unparalleled, and it is respectable ofcivilian invocation and respect. The core knowledge
should be many Sillian civilian lives,each will take designed to deny eight hundred

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Palestinian family terrorist multiple members and hundredsof multi generally generational families, one hundred
white with no remaining survivors. Mathers, thank you for your kind of president,
siling, professional parents, aunts,pavings of Israel, for being all

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killed together. From Malcolm, thiskilling is nothing short of distructtion of Palestinian
life. It is inflicted deliberately.No one is spared, not even newborn
babies. The scale of Palestinian childkillings in Gaza is such that you and

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chiefs have described it as a graveyardfor children. President, the devastation members
of the Court, we submit isintended great honor to his intended to and
has laid waste to Gaza beyond anylegal let alone of humane justification address the
issues falling within the general category.The second genocide identified in someification Israel's infliction

(33:44):
of serious bodily Mentalestinians in Gaza inviolation of Article to be Genocide Convention.
For the consideration of this, Israel'sattacks to sixty thousand Palestinians wounded and named
again, the majority of them women, and uses the word contest many circumstances

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where the healthcare system has collapsed.It is important seat in the broader Large
numbers of Palestinian civilians, including children, rested during its blind for five years
just to undress and loaded onto trucksunknown locations. Why stop at seventy five

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years? The suffering of the Palestinianpeople twenty two and Mental Bouncil of the
League of Nations of the British monturningto the film seventeen and the article too
s declaration, Israel has maldically imposedconditions under cannot sustain Israel and are calculated

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to bring about physical distruction three thousand, five hundred years ago. Israel achieves
this in at least mevu approximate contextsfor the specific allegations of genocide claimed by
Israel has forced in the event thediscissi from October about eighty center Palestinians on

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God individuals. There is no sayingfor them to recognize. Those who cannot
refuse to be displaced have either beenaccents extreme risk of being killed in their
homes. It was these events manyPalestinians. The real contract have been displayed
multiple times, such as families areforced to move the real in search of

(35:37):
safetyacuation permission. October nineteenth, theevacuation of over a million people. The
bloods including children to spill, theelderly went home by home, the wounded
burned in five they're mutilated, ChILhospitals and even babies were to evacuated.

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But even newborn babies and intense livingin the States of Israel, the order
required to evacuate to the South lifewithin twenty four hours. These terrorists supported
the Friends into Haran Jennis never stopped. It required immediate movements of the right

(36:22):
could be carried humanitary No humanitarian assistancewas permitted, and fuel, water and
food life been cut off still less, it was cirly calculated to bring about
the distruction of the population. Eventhe exercise of many Palestinians evacuation from their

(36:44):
homes is inevitably permanent, damaged ordestroyed and estimated three hundred and fifty five
thousand Palestinian homes, leaving at leastcontinuing the million Palestinians with no home to
return to. The special rapturs andthe human rights of internally displaced persons and

(37:06):
explains the houses and infrastructure have beenraised to the ground is frustrating any realistic
situation. Displaced guards to return homehas unfold, repeating a long history of
force displacement that of Palestinians. Israelheavily armed militia, and there's no indication

(37:29):
at all Israeli accepts responsibility for threeblood everywhere what it has destroyed instant The
distraction celebrated the Israeli armored lawfully isbrutal. Soldiers film themselves joyfully detonating entire
and blocks and town square targets,civilians erecting the Israeli facilities over the record

(37:54):
is seeking to re establish Israeli settlementthe Palace, and that's exconglition regulatory basis.
The rules in Gaza International humanitarian lawsecond of the hate regulations, together
to the placement for Israel's conduct,has been deliberately calculated to cause wide spread

(38:17):
hunger and dehydration and starvation Israel.Israel's campaign has put guardsmen and internet an
unprecedented three percent of filiation in facingrepress. Levels of hunger are caused in
the legitimate pursuit of all the peopleobjects in the world through to the violation

(38:40):
of the law suffering features of thecompetions crimes cymes against humanity. However,
the situation is such the only execrationand now predicting more Palestinians in from thea
and disease that genocide in and yetIsrael continues to complete the effective delivery of

(39:06):
humanitarian assistance Palestinians malicious not only refusingto allow sufficient aid alone in moving the
ability to distributed constant bombardment and obstruction. It has been described just three days
a crime of crimes on eight Januaryin Wickedness, a planned mission un agencies

(39:30):
to deliver urgent medical supplies and vitalfuel to a hospital and medical supply sent
in itself. But I didn't denyan active genericide really within the to this
mark the fifth denial mission to thecenterment since twenty six, leaving five hospitals

(39:52):
in northern without access to life savingmedical supplies and common current see age Trump
that Ali seized by the hungry.What is provided not long enough? I
turned now to the question of thefrom the facial jurisdiction of the four president

(40:20):
members of them. This is animage of an age both arriving in great
parties with reservation makes the courts duristicjurisdiction. Israel has deliberately inflicted conditions in
which Palestinians in Gaza nation adequate shelter, clothes or sanitation for weeks at shortages

(40:43):
of clothes, spreading blankets, andcritical non food on which the application clean
water is all but gone, leavingbelow the amount required to safely drink clean
and is a matter for objectording.The w h O has stated Gaza is

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experiencing soaring rates of infectious disease outbreaks, of course will take cases of diarrhea
in short of age have increased changedbetween the part two thousands exchanges made hostilities
began when combined and left untreated,malionutrition and disease created a deadly psycho unilateral

(41:32):
assertion not genercidal actor needs to bein the article to engagement between Israel's military
assault on Gaza's health cases bilateral interactionswhich renders requires unsustainable is a reciprocal even
by seventh December, this point theun Special on the right to health note,

(41:54):
for example, the health care inthe Gaza strips the views been obliterated
that in order for a dispute,Israel and Gaza are being deprived saving medical
care of one party's healthcare systems alreadytrippled by years of blockade and prior tack.

(42:17):
Islands case with the sheer scale,the respondent should not be deprived of
the opportunity to read you in specialrap against women institution may committed by that
would fall under a prosertion oficidal anarticle to give the Convention a reasonable opportunity.

(42:45):
Two before the worn litigation, thefollowing, particularly in reproductive violence Israel
on Palestinian women before a court,you worn babies, infants and children could
be qualified as bodings of genocide underArticle of the Genocide Convention, including the

(43:10):
imposing measures pretended to prevent them.Israel within a group referencing merely a press
report by Reuters, Israeli is broppingto the delivery of life, including essential
medical kits for delivery sponsors. Babieswere not addressed. Directs were estimated one

(43:32):
hundred and eighty women no evidence givingbirth and position each day acquired by the
court of these one hundred and eightywomen in Africa Sie fifteen, the normal
likely to experience tregnancy birth related complicationsand need additional medical care. House of

(43:57):
Africa. Matter is simply available,but it does not take two to tango.
It is sufficient if one state insome president the individually and collectively form
a calculated Israel Council indicating public GIDand had further further intent is evident from

(44:22):
Israel's conduct in that point, especiallytargeting a series Palestinians living in guards as
using emphasized causes a large scale distractionto lateral forum the course, well as
targeting attention, targeting of the contentof a party state, designating safety of

(44:46):
the identity of Pestinians to secret andthen to determine whether that statement depriving Palestinians
and Gaza of basic means food,show them how hell fuel sanitation opposite and
communications South Africa's straying social infrastructure.Indeed in islands schools. The court referring

(45:12):
to specifically to state churches, conferencehospitals, noted that end it did not
call for a specific seriously enjoying andleaving large numbers are children. No opposition
of views can be inferred from thegenocide are never declared in advance specific but
the sport has the benefit of thepart weeks of evidence that shows incontrovertibly and

(45:40):
related intentions. Public states just applausibleclaim. You see that a dispute in
the markets. This court does notnot a dispute to impose provisional measures in
relation to allegations trapping of manoir professorcommitting against the hinder the kind states considerations

(46:09):
for the today Disputes article even morestark without talent and like the mar cause
would possibly deserve and demand the Court'sintervention. The rather every day there is
Martin change, irreparable loss of life, dignity and humanity for the Palestinian peoples

(46:36):
consequence, show graphic images of thenormal understand has become unbearable to watch their
importance in noting the suffering. Butexcept in order from discision, without an
indication of provisional measures, the propertieswill continue against defense life of indicating that
intends pursuing this course of action.Hasty Year notes that on the twenty first

(47:00):
of December, the words of theYouth and Under Secretary General on five January
side in the application further state youthink getting aid into data is easy directly
to think again, because three layersof inspections before interrest can even did indeed

(47:22):
respond confusionary long cues informing rejected hasbeen forwarded to capital point questions. Not
shortly another crossing point which desperate handrycommunities destroyed commercial The Director General of Israel's

(47:43):
constant bombardments proposed communications in the DepartmentRolls Relations of Africa points at his earliest
convenience traumatized and exhausted population issues intoa small and smaller lever of land.
On December the Embassy Center, whichhave exceeded their full a meeting of respect

(48:08):
workers displayed the convenience killed in orderto discuss this is an impossible situation for
the people and for those trying todeliver the note was refusing to stop a
national holiday and the first Department ofInternational Relations. Madam President advised the members

(48:29):
of the Court in the twenty eighthof the found conduct second I thank you
for your patient attention to call twentytoby to the podium intent to open a
dialogue and discuss that has seen nowon the relevant time. But South Africa

(48:55):
proceeded to institute proceedings the following dayand declared its applications that no reply had
been received, which notes the bowwhich was President enough and distinguished members of
the Court phaps realizing it is aprivilege to appear before the courts on behalf
of a note address Israel genocide,which essentially just repeated the Court is not

(49:22):
require umber to determine that the onlyin following day drawn from the available evidence
that had not been provisional measures asthat is, to decide the marriage reel
has proved rather received. The assessmentof the existence of the strict football of
resolution could be made by the Courton the stage of the examination held the

(49:46):
meeting that morning of the reply.The next moment also amount to generals instituted
does not exclude the finding plousible ofgeneral susols pations and conveyed the president wish
for discussion. So Africa is notallowing the close drawing attentioneering to Israel's genocide

(50:08):
andrecated the tenth generally Palestinians some Gaza. Unsurprisingly in the fifteen United Nations Special
Rappertory Meeting and twenty one members ofthe United Nations website have worn that why
is it happening in Gaza? Itis reflective genociety in the making unfriendly respects

(50:31):
and then of that's intense to destroythe Palestinian people of Africa at the time
profited as a result. Israel ownhas a genocide on in the side that
the Palestinians to place before the courtunder the side from the way in which

(50:51):
Israel's military attacks is being conducted.Over the genocide which has been described as
they never know. So this systematicscutting for proceedings, the mass displacement of
the population of Gaza. It's apoint worth and he into areas where they
continue to give Israel a deliberate creationof conditions with slow death before filing it,

(51:16):
no doubt long prepared. There isalso the clear pattern of kind of
whether South Africa, the very determiningof family homes and civilian instructute fast,
hastily smulate and sniping of men,women and children where they stand, the

(51:37):
destruction of the health grants orders forlistener masters to humanitary worthy provisions. That
is we stand today here prime forthe basis of them which sistulation in the
sound has been suself and and onein four jurists then seven October it's not

(52:01):
too humane determined capable of evidence incase Israel's genocidal intent in relation to the
whole and of the Palestinian population.And to ensure that the court sanctions effectively,
however efficiently said, that has tothere is an extraordinary future in this

(52:22):
case terms of the provision that Israel'spolitical leaders, military commanding provision message,
holding official positions systematically, and thenexport has to decide declar the genocidal intents
which may or may not reputed tosoldiers on the ground difficult as they engaged

(52:45):
in the destruction of Palestinians in thephysical infrastructure of gards. We show this
instal element by Israel's special genocidal intentis rooted in the belief that in fact
the enemy is not just the militarywing of Hamas or indeed Hamas but is

(53:12):
embedded in the fact is half ofPalestinian life. Having made it clear state
in a televised exception Israel Prime Ministerevidence declared war and is right had to
start the case, of course,the measures the communities that have been in

(53:32):
by terrorists of an unprecedented grant thenumber of the enemy that's in effect.
Assume that the party more than twopoints Partestinians, and as mister stake is,
the ocupying blood is thrown in controlbefore conclusive proofs it controls exit in

(53:52):
the internal inside is disproved and PrimeMinister, as mister attacked our exercises whether
it's defense force and entire granted Palestiniansin Gaza, even though later Minister in
his adjournce to the Israeli forces ontwenty eighth October twenty three for the invasion

(54:15):
of Gaza and the soldiers to rememberthat is done to you the allegation in
love. This refers to the biblicalcommon by God and constitute for the real
and destruction of an entire group ofpeople known as the Amalekites. Put to

(54:37):
one element women. The need todemonstrate children and in dispute, cattle and
ship came out and donkey in thelight of its case laws aside that invocation
second was anything but whether the actcomplained of. Because reputant mister in a
letter to the armed forces on threeTheme twenty three, the court is not

(55:05):
speak for them. Provisions in questionof the Convention have been violated to accomplish
this. The Holy Bible and wedo remember as we are are truths that
ends who are now in Gaza oraround Gaza. And however, this cannot

(55:27):
be read as a complete rejection ofconsideration of the intent criteria and different purposes.
The Court in the mind Mark casenoted that the finding of violations at
the merit stage noticably to speaks ofthe notably exclusive caused ruling relevant from the

(55:52):
consideration of jurisdiction. It is arule the defense conclusion as to whether or
not I'm octld actually the defense ministerthat master gave the situation on it to
the army intent when he said thatIsrael was imposing siege on God. Intent

(56:13):
there will be no electricity, nofood, no water, no juris everything
with professional professional israel Is fighting humananimals. The logic of the situation speaking
to troops on the Gaza border.The instruct elements of the day that he
has released. All the restraints arelisted, and that's one returns to one

(56:34):
it was before them, this wasthere. We will eliminate everything, determine
list of the crime of genocide,eliminating intention to destroy Laura pa and without
anilar group. As such, thetheme of destruction of genocide was reiterated by
an Israeli government activities against in theone the actual alone to mass and that

(57:02):
doesn't of girds at all, statesthat mas has become existed and the citizens
of gs are celebrating instead of beingfortified the car without. He concluded that
human animals the measures phase of thisISRAE has imposed located on gazus no electricity,
no water, Just stop being committed. You want that hair, you

(57:27):
get that the genus cyclematic humanization isevident. There has no jurisdiction human animals
consider and the crimes and civilian seriesI'm only concerned with within the Israeli cabinet.
Indeed, this is also a widelyheld view the military energy and the

(57:49):
Israel cut this stage is to stopfor the denial of water and fuel capoble,
as this is what will happen toa pepure of children, killers and
slaughters plains of no ambiguity. Itmeans to create conditions of death of the
Pastinian people in the gods. Otherwisesuch acts can die's no death because of

(58:13):
starvation and dehydration factor intent or todie conxectly the whole because of a bomber
text snipers act. But to dieis the wordthe less in the real time,
Minister is must find way that morepainful and death have been established.

(58:35):
It is no answer to say thatneither are in command of the to demonstrate
the ministers in the Israeli that refersto the concept they vote in the applicants
are in a position to shame.In the specific context of this discussion,
the intent to destroy GUS has beennoted at the highest teleclosion stages. There's
President Isaac has those in the intent. Today previously noted that the entire mist

(59:08):
and about civilians not aware is absolutelyncerned. In this case, we will fight
random assertions to demonstrate that Israel hasor has had the specific intent to destroy
in whole or in part the Palestinianpeople. As such, the intension faced

(59:31):
with the seventh of October atrocities andthe continuing rocket fire and the incarceration of
the hostages, and the parts ofIsrael to act in order to defend itself
so as to terminate the threats againstit and rescue the hostages certainly exists.
The intent to deal with the armedmilitants of Hamas and other such groups is

(59:53):
undeniable. Were it the case,which we deny, that is forces have
transgressed some of the rules of conflict, then the matter will be tackled up
the appropriate time by Israel's robust andindependent legal system. But that is not

(01:00:13):
the intent to destroy all or partof a people. As such, Israel's
actions in restricting its targeting practices toattack military personnel or objectives in accordance with
international humanitarian law in a proportionate mannerin each case, as well as its

(01:00:36):
practice of mitigating civilian harm, suchas by forewarning civilians of impending action by
the unprecedented and extensive use of telephonecalls, leafleting, and so forth,
coupled with the facilitation of humanitarian assistance, all demonstrate the precise opposite of any

(01:00:59):
possible genocidal intent. South Africa inseeking to discover the necessary intent, presents
a disdorted picture. It misunderstands thenature and provenance of certain comments made by
some Israeli politicians. Let me tryand explain the big picture. Israel possesses

(01:01:27):
a clear excuse me, a clearand effective structure of authority with regard to
governmental decision. The war against Hamasis managed on behalf of the government by
two central organs, the Ministerial Committeeon National Security Affairs and the War excuse

(01:01:52):
Me and the War Cabinet, thelatter established for the purpose of managing the
war by the former. These bodiesmake the relevant decisions regarding the war's conduct,

(01:02:21):
and, according to Israeli law,the decisions of the government and its
committees obligate the ministers of the governmentsin accordance with the principle of collective responsibility.
It is the collective decisions of thesebodies which are the binding provisions in
question. The Prime Minister stands ofthe head of these organs, decides on

(01:02:46):
the agenda of their meetings, steerstheir activity, and summarizes the meetings and
the instructions issued therein to make itclear in order to determine the policy and
intentions of the Government of Israel.It is necessary to examine the decisions of

(01:03:07):
the Ministerial Committee on National Security Affairsand the War Cabinet, and to examine
whether the particular comments expressed conform ornot with the policies and decisions made.
That's to produce random quotes that arenot in conformity with government policy produced as

(01:03:30):
describing is misleading our best, suchas the statement by the Minister of Heritage,
for example, who is completely outsidethe policy and decision making process in
the war. In any event,his statement was immediately repudiated by members of

(01:03:51):
the War Cabinet and other ministers,including the Prime Minister. In Tap one
A of the volume which Israel hassubmitted to the course, one may find
numerous excerpts from internal cabinet decisions thatattest to Israel's true intent throughout this war.

(01:04:13):
For example, one finds the instructionsfrom the Prime Minister in a meeting
of the Ministerial Committee on National SecurityAffairs from the twenty ninth of October,
stating the following. One, thePrime Minister stated time and again we must
prevent a humanitarian disaster. Two,the Prime Minister indicated the possible sort of

(01:04:36):
solutions that may that will ensure requiredsupply of water, food and medicine,
increasing the amount of trucks entering withthe necessary inspections. Three promoting the construction
of field hospitals in the south ofthe Gaza Strip. To re emphasize,
this is a directive to authorities nothingless. Tab one A contains a considerable

(01:05:03):
number of similar directives emphasizing the needto avoid harm to civilians and facilitate humanitarian
aid genocidal intent. Let me turnto the IDF. This, like every
army, is a hierarchical body thatoperates by way of orders from superiors and

(01:05:28):
is headed by the Chief of theGeneral Staff. Remarks or actions of a
soldier do not and cannot reflect policy. In Tab one B, one may
find a daily operational directive, whichI understand is repeated day by day,

(01:05:51):
issued by the Operations Directorate of theIDF, stating that a tax will be
solely directed to towards military targets,while adhering to the principles of distinction,
portionality and the obligation taking precautions inat tax in order to reduce collateral damage.

(01:06:14):
This is a directive that binds allIDF forces. It continues by stating
that the laws of armed conflict allowdestruction to civilian property only when there is
a military necessity to do so,and prohibit harm to property for deterrance purposes

(01:06:36):
only, or for the purpose ofpunishment, individual or collective. It emphasizes
that it is necessary to treat enemycivilians with respect. They should not be
treated in a humiliating manner, andcivilians should not be used for the purposes

(01:06:58):
for the purpose of perform main activitiesthat might put them under risk to their
life or their body. This isa mandatory instruction effective since the start of
the war. Tabwanbi contains many similarprovisions, which are themselves only an illustration
of many other such directives, orders, and procedures. Further, on the

(01:07:25):
twenty eighth of October, the PrimeMinister publicly declared that the IDEAF is doing
everything possible to avoid harming those notinvolved, while on the eighteenth of November
he declared that first of all andabove all else, Israel acts according to
the laws of war. This ishow our army works. The Minister of

(01:07:48):
Defense publicly stated that on the twentyninth of October that we are not fighting
the Palestinian multitude and the Palestinian peoplein Gaza, and declared on the thirteenth
of November that our war is againstthe Hamas terrorist organization, not the people

(01:08:08):
of Gaza. Again, the Presidentof Israel declared on the twelfth of October
that we are working operating militarily accordingto rules of international law, period unequivocally.
We have collated numerous such statements bythe President, by the Prime Minister,
by the Ministry of Defense, bythe IDF spokesperson, and others in

(01:08:31):
Tabti of our volume. Since thisis such a critical part of South Africa's
thesis, permit me to refer totwo further statements by the Prime Minister.
I start with the most recent tenthof January. Israel has no intention of
permanently occupying Gaza or displacing its civilianpopulation. Israel is fighting Hamas terrorists,

(01:08:59):
not the Palestinian population, and weare doing so in full compliance with international
law. The IDF is doing itsutmost to minimize civilian casualties. Mahamas is
doing its utmost to maximize them byusing Palestinian civilians as human shields. The
IDF urges Palestinian civilians to leave warzones by disseminating leaflets, making phone calls

(01:09:27):
providing safe passage corridors, while Hamasprevents Palestinians from leaving at gunpoint and often
with gun fire. Our goal isto rid Gaza of Hamas terrorists and three
hour hostages. Once this is achieved, Gaza cant be demilitarized and deradicalized,
thereby creating a possibility for a betterfuture for Israel and Palestinians alike. On

(01:09:56):
twenty third of November, Prime MinisterNatanyao declared that any civilian death is their
tragedy anyone, and to avoid them, what you do is first you try
and get the civilian out of harm'sway, and that's exactly what we did.
There are many more of the same. Any careful review of the official

(01:10:20):
and binding policy decisions made by therelevant authorities in Israel since the outbreak of
the war clearly evidence that such decisionslack any genocidal intent. The contrary is
true. They are indicative of theconsistent and relentless commitment of Israeli relevant authorities

(01:10:45):
to mitigate civilian harm and alleviate civiliansuffering in Gaza. Some of the comments
to which oth afrigaffers are clearly rhetorical, made in the immediate aftermath of an
event which severely traumatized Israel, butwhich cannot be seen as demanding genocide.

(01:11:05):
They express anguish and the necessity torestore control over Israel's own territory and a
severe threat and safety to its citizens. As Judge Tomka has noted, sometimes
statements are made which are nothing morethan a part of the recent wartime rhetoric,

(01:11:27):
intending to put the blame and shameon the other side. Not to
be totally ignored, but not tobe described an importance which belies how and
when they were made, nor oflegal significance. Let me refer to one
further matter of some biblical moments.Yesterday the applicant referred time and again to

(01:11:53):
two statements by the Israeli Prime Ministerwhere he said, remember what Amalek did
to you, attach great importance toit as part of the argument that Israel
has demonstrated in genocidal intense. Thereis no need here for a theological discussion
on the meaning of a maleek inJudaism, which was indeed not understood by

(01:12:15):
the applicant. Let me just turnto the Prime Minister's statement of the twenty
eighth of October, which was partiallyand misleadingly quoted yesterday. He said,
we are now entering the second phaseof the war, which its objectives are
clear, destriction of the military andgovernmental capabilities are a mass, and the

(01:12:41):
return of the hostages back home.In the last couple of days, I
have met with our soldiers in thebases, in the field, in the
north and in the south. Rememberwhat a Malek has done to you.
We remember, and we are fightingin front of our brave and hero soldiers.
There is one prior mission to defeatthe murderous enemy and secure our existence

(01:13:04):
in our land. The IDF isthe most moral army in the world.
The IDF does everything to avoid harmingthe uninvolved. Tap three lists and addresses
additional examples of misleading quotes by theapplicants regarding Israel's policy. It is this

(01:13:26):
our conclusion that South Africa's failed todemonstrate the prime of facial jurisdiction of the
Court. I turned to the nextissue, as the Court has noted its
power to grant provisional measures as itsobject the preservation of the respective rights claimed
by the parties in a case pendingits decision on the merits of the provisional

(01:13:49):
measure stage. The Court does notneed to determine to determine that such rights
do actually exist in a definitive manner, but it must establish that such rights
are plausible. South Africa yesterday dealtwith this rather likely. We can safely

(01:14:09):
say the plausibility is an elusive concept. Simply declaring the claim rights are plausible
is insufficient. The issue was addressedby Judge Greenwood in the Border Area case
when he emphasized that what is requiredis something more than an assertion but less

(01:14:30):
than proof. In other words,the party must show that there is at
least a reasonable possibility that the rightit claims exists as a matter of law
and will be a judged to applyto that party's case. He later discussed
this in terms of a reasonable prospectof success. What is clear is that

(01:14:53):
the Court has sought to tie plausibilityto particular treaty provisions or to general rules
of international non law. The Courthas also considered claims of fact in this
context, as well as law,such as the finding as to where the
Equatorial Guinea plausibly used the building atforty two Avenue Fosh for diplomatic purposes.

(01:15:17):
In this case, the Court didnot limit itself to considering where the applicant
plausibly held the right thing question andthe international law, but extended the field
of inquiry to include consideration as towhether it was plausible that the respondent had
breached the rights in question. Thisapproach appears also in Ukraine and Russia,

(01:15:43):
where the Court concluded that, onthe basis of the evidence presented by the
parties, it appears that some ofthe acts complained of by Ukraine fulfill this
condition of plausibility. In other words, the court was prepared to consider not
only the question question of the plausibilityof rights well, some have shuffled my

(01:16:13):
papers m hm hm well, butalso the question of the possible breach of

(01:16:36):
such rights, the power of theCourt to indicate provisional measures, and Article
forty one of the Statute has itsobject object mm hm Yes, someone thought

(01:16:59):
that my each was a pack ofcards. Indeed, in the Zadaf case
my apologies, the Court was preparedto examine evidence as to the existence of
asserted rights and whether, as amatter of fact, the violations had plausibly
happened. The final point to bemade in this section of my pleading is

(01:17:23):
simply to underline the obvious point thatthe Court needs to consider the relevant respective
rights of both parties. Respondent aswell as the applicant. Article forty one
provides that the purpose of the provisionalmeasures is to preserve the rights of either

(01:17:45):
party. I would note the Courtorder of the sixteenth March twenty twenty two
in Ukraine, Russia stating that thepower of the Court to indicate provisional measures
it has as its object the preservationof the respective rights claimed by the parties,

(01:18:08):
and further quote the comment in themind marqu case that the function of
provisional measures is to protect the respectiverights of either party pending its final decision.
Its mutual protection or balancing criterion inthe light of the rights of both
parties is intended to prevent either partybeing placed in a situation of disadvantage and

(01:18:33):
to ensure that irreparable prejudice will notbe caused to either party. I will
look briefly at the advt rights ofboth parties here As regards the applicant,
I make three simple and brief points. First, South Africa has presented a

(01:18:59):
confusing and a partial recital of thefacts. This will be discussed later this
morning by Misrajuan. Secondly, thatthe appropriate legal framework for this tragic situation
is that of international humanitarian law.Thirdly, that Israel's efforts both to mitigate

(01:19:20):
harm when conducting operations, as wellas its efforts to alleviate suffering through humanitarian
activities, have gone relatively unnoticed anddispelled or at the very least mitigates against
any allegation of genocidal intent. Asfrom Israel's withdrawal of its civilian and military

(01:19:45):
presence from Gaza in two thousand andfive, which brought an end to its
belligerent occupation. Under violent coming topower of Hamas in two thousand and seven,
a situation of conflict has existed,with Hamas firing rockets as Israeli towns
and villagers unceasingly. However, theattack on Israel on the seventh of October

(01:20:11):
was qualitatively different from all that wentbefore. The truth is that if there
has been any genocidal activity in thissituation, it was the events of seventh
of October. Acts and intent canand have been abducately demonstrated, but Hamas,

(01:20:32):
recognized as a terrorist group by atleast forty one states, including the
US, the UK, all membersof the EU, Canada, Australia,
Sauri, Arabic, Japan and Columbia, is not before the court. Only
South Africa, a third party thatis not involved in the armed conflict,
appears. Nevertheless, of South Africahas pointed out complicity in genocide is in

(01:20:58):
plays that supported, condoned, praisedor glorified the events of the seventh of
October. Both at the time andlater stand guilty of a violation of Article
three E of the Convention as beingcomplicit in genocide and indeed of the duty

(01:21:19):
to prevent genocide unto Article one.And as the Agent has pointed out,
South Africa has given succor and supportto Hamas. At the least clearly of
relevance to a discussion of the situationis the facilitation of humanitarian assistance, something

(01:21:41):
that hardly fits well with accusations ofgenocidal intent, as my colleagues will demonstrate
Israeli. Israel's activities in this areaneed to be addressed and not swept.
Aside as South Africa seeks to doprime amongst the rights of the respondent.
That are critical to any legal evaluationof the situation is the inherent right of

(01:22:06):
any state to defend itself, embeddiedin customary international law and enshrined in the
UN Charter. This right afforded tostates reaffirms and underlines the responsibility of all
states towards at their citizens, andmark the acceptance by the international community of

(01:22:29):
the political reality and legal confirmation thatstates, when attacked may legitimately respond in
a forceful and proportionate manner. ProfessorLowe yesterday sought to maintain that Israel has
no right to self defense in thissituation, How could anyone possibly argue that

(01:22:54):
Israel could not defend itself faced withthe seventh of October a truss it is
and the incessant attacks against its civilianssince Indeed, a very wide range of
states has acknowledged the right of selfdefense here, ranging from the UK to
the US, France, Germany,Italy, Canada, Japan, Gada and

(01:23:17):
Guatemala and others. Israel bears theirresponsibility to exercise its protection over its citizens,
not only those constantly subjected to bombardmentfrom Gaza, but also, and
critically with regard to those captured andheld hostage as a result of the seventh

(01:23:42):
of October outrage. These rights existand cannot be disregarded. Of course,
Israel does not have any right toviolate the law, still less to commit
genocide than indeed it does not,but it does have every re right to
act to defend itself in accordance withthe rules of principles of international law,

(01:24:05):
and so it has done. Alink has to be established between the rights
asserted and the provisional measures requested,and this issue will be addressed by mister
Staker, and he will show thatthe measures proposed go far beyond the protection

(01:24:26):
of the rights asserted. Are thenPresident members of the Court. This is
an important case. Allegations have beenmade with verge on the outrageous the attack
by Hamas on seventh of October,with its deliberate commission of atrocities, clearly
forms falls within the statutory definition ofgenocide. Israel's response was and remains legitimate

(01:24:55):
and necessary. It acted and continuesto act in manner consistent with international law.
It does so not in an unrestrainedmanner, but in investing unprecedented efforts
in mitigating civilian home at a costto its operations, as well as alleviating

(01:25:16):
hardship and suffering with investment of resourcesand efforts. There is no genocidal intent
here. This is no genocide.South Africa tells us only half the story.
Israel is guilty of genocide. Wecannot deal with Hamas. Only Israel

(01:25:36):
must be stopped from protecting its citizenryand eliminating the egregious threat that is Hamas.
We cannot deal with Amas. Meanwhile, we must bind the arms of
the State of Israel Hamas is forsome other body. I conclude First,

(01:25:58):
the core of genocide is intent.Without intent, there can be no genocide
in law. It is true forthe merits. It is equally true for
provisional measures. Any prima faciae considerationindeed, of intent, even at this
preliminary stage, will only demonstrate itsabsence from Israel's activities. Second, there

(01:26:21):
is here no dispute under the GenocideConvention as at the time of submission of
the application. As a legra,South Africa nows required for prima faciae jurisdiction.
Indeed, South Africa's own precipitate activitieswith notes over recent weeks demonstrates the

(01:26:43):
lack of its confidence in this respect, and that is telling. Thirdly,
the rights to be protected in theprovisional Measures procedure cover not just the applicant
but also the respondent. And chiefamongst these rights is that of the right
and obligation to act to defend itselfand its citizens. This must be considered

(01:27:08):
and weighed by the Court as againstthe false accusations level of Israel. Madame
Presidents, Members of the Court,thank you for your kind attention. I
would ask you to call Madame Rajuanat your convenience. Thank you, Professor
Shah. Before I give the floorto the next speaker. The Court will

(01:27:29):
observe a coffee breakup ten minutes.The sitting is adjourned MS special story,

(01:44:03):
please be seated. The sitting isresumed and I now give the floor to
Miss Galite Raguan. You have thefloor. Thank you, Madam President.

(01:44:38):
Members of the Court, it isan honor to appear before you on behalf
of the state of Israel. AsProfessor Shaw noted at this stage, South
Africa does not need to prove thatgenocidal act have been or are being committed,
but it does have to show thatthe Genocide Convention is actually relevant it

(01:44:59):
has to show some level of actsin some level of intent. Professor Shaw
has spoken to the issue of expressintent. It is my task to speak
to the circumstances of Israel's actions.Israel cannot possibly comprehensively address today all of
the allegations made in South Africa's appligation. In this regard, the applicant paints

(01:45:23):
a dire picture, but it isa partial and deeply flawed picture. The
application is so distorted in its descriptionsthat it prevents the Court from properly assessing
the plausibility of the rights asserted bySouth Africa. Plausibility cannot be determined based
on the unsubstantiated alleations of one partyto the proceedings alone. If Article forty

(01:45:47):
one of the Court's Statute is tohave any meaning. In the time available,
I will address three aspects of realityon the ground that the applicant it
has either ignored or misrepresented. First, Hamas's military tactics and strategy, Second,

(01:46:09):
Israel's efforts to mitigate civilian harm duringoperational activity, And third Israel's efforts
to address humanitarian hardship in Gaza,despite Hamas's attempts at obstruction. With respect
to Hamas's military tactics and strategy.It is astounding that in yesterday's hearing Hamas

(01:46:33):
was mentioned only in passing and onlyin reference to the October seven massacre in
Israel. Listening to the presentation bythe applicant, it was as if Israel
is operating in Gaza against no armedadversary, but the same Hamas that carried
out the October seven attackes in Israelis the governing authority in Gaza, and

(01:46:58):
the same Hamas has built a militarystrategy founded on embedding its assets and operatives
in and amongst the civilian population.Urban warfare will always result in tragic deaths,
harm and damage, but in Gazathese undesired outcomes are exacerbated because they

(01:47:19):
are the desired outcomes of Hamas.In urban warfare, civilian casualties may be
the unintended but lawful result of attackson lawfully military objectives. International humanitarian law
recognizes this reality and provides a frameworkfor balancing military necessity with humanitarian considerations.

(01:47:45):
These do not constitute genocidal acts.In the current conflict, Many civilian deaths
are directly caused by Hamas. Boobytrapped homes detonate and kill indiscriminately mines in
alleyways, collapse structures around them,and over two thousand rockets misfired by Hamas

(01:48:09):
have landed inside Gaza, causing untoldlevels of harm. One telling example is
a blast at the Alhali Hospital onOctober seventeen. Hamas claimed that the Israel
Defense Forces the IDF, attacked thehospital. Headlines around the world rushed to
repeat this claim. The IDF laterproved and US intelligence and other national security

(01:48:32):
intelligence and agencies independently confirmed that theblast was the result of a failed launch
from within Gaza. It was notas Hamas claimed the fault of the IDF.
Damage to civilian structures is another factclaimed by South Africa as evidence of

(01:48:55):
genocide, but South Africa does notconsider the sheer extent to which Hamas uses
ostensibly civilian structures for military purposes.Houses, schools, mosques, un facilities,
and shelters are all abused for militarypurposes by Hamas, including as rocket

(01:49:17):
launching sites. Hundreds of kilometers oftunnels dug by Hamas under populated areas in
Gaza often cause structures above to collapse. In the slides before you you can
see a militant climbing projectiles for launchon IDF forces in Gaza. You can
see the holes in the residential houseto hide and launch them. Here you

(01:49:44):
can see projectiles discovered underneath a bedin a child's bedroom. Here a rocket
being fired from a school. Thelaunch site is circled in red. Here
you can see firing from a unschool. You can see the letters UN
on the roof and the fire iscircled in red. And here long range

(01:50:10):
rocket launchers hidden inside as Scouts clubbuilding. Finally, you can see part
of a tunnel that runs for fourkilometers, including nearby the Era's Crossing,
which is adjacent to Israel. Gaza'sinfrastructure has certainly been harmed during the conflict.

(01:50:31):
However, South Africa would have thecourt believe that Israel is deliberately and
unlawfully destroying homes without cause. Whatharm caused to lawful military objectives and harm
caused as a result of Hamas's actionsis not evidence of genocide. South Africa
also alleges that Israel has waged anassault on Gaza's health system. What South

(01:50:58):
Africa has neglected to bring before thecourt, however, is the overwhelming evidence
of Hamas's military use of such hospitals. HAMAS militants retreated to Antisi Hospital in
Gaza on October seventh with hostages fromIsrael, whom they then held in the
basement. In the slide before you, you will see a militant going into

(01:51:23):
Kud's hospital with an RPG. Hamasfired at idea of forces from near and
from within the Kudes hospital. AtChifa Hospital, Gaza's largest, Hamas managed
operations from a closed off area.Here you can see an opening to the
tunnel that ran for hundreds of metersdirectly under the hospital. Here you can

(01:51:47):
see the weapons found in different wingsof the hospital. And here CCTV footage
showing aren't militants bringing hostages into thehospital's lobby more than eighty militants hiding inside
another hospital, the Edwan Hospital,surrendered themselves to the IDF, and here

(01:52:11):
you can see a weapon that IDFforces discovered hidden inside incubators at the hospital.
The director of the hospital has admittedthat numerous members of hospital staff belonged
to Hamas's military wing. In theIndonesian hospital in the neighborhood of Jabalia,
HAMAS forces manage their operations from thathospital until the IDF reached it. IDF

(01:52:33):
forces recovered the bodies of five murderedhostages from a tunnel dug underneath the hospital.
The list goes on. In everysingle hospital that the IDF has searched
in Gaza, it has found evidenceof Hamas' military use. Israel is acutely

(01:52:57):
aware that because of Hamasa's use ofhospitals as shields for its military operations in
gray violations of international humanitarian law,patients and staff are at risk. This
is why the IDF has reached outto every hospital and offered assistance in relocating
patients and staff to save for areashospitals have not been bombed. Rather,

(01:53:20):
the IDF send soldiers to search anddismantle military infrastructure, reducing damage and disruption.
Indeed, the tunnel that sat directlyunder the main building in Chifa Hospital
was exploded without damaging the building above. The IDF then withdrew from the hospital.

(01:53:40):
Yes, damage and harm have occurredas a result of hostilities in hospital's
vicinity, sometimes by IDF fire,sometimes by Hamas, but always as a
direct result of Hamas's abhorrent method ofwarfare. Israel has published plenty of evidence

(01:54:01):
of the extensive misuse by HAMAS ofmedical facilities in direct violations of international humanitarian
law. It has brought journalists tosee firsthand. It has recorded calls with
hospital staffs to coordinate assistance. Noneof that is mentioned in the application.
In fact, the applicant describes theresult and asks the court to attribute malicious

(01:54:26):
intent to Israel, but that isonly a possible conclusion if one obscures as
the applicant has harmasa's strategy of turninghospitals into terrorist compounds. The applicant also
made much of the fact that forcehas been even used in humanitarian zone.

(01:54:46):
What the applicant neglected to inform thecourt, however, was that HAMAS has,
in its contempt for Palestinian civil life, regularly and deliberately fired from such
zones, turning areas of reli intozones of conflict. Here before you you
can see one example of a launchsite adjacent to the humanitarian zone, both

(01:55:12):
amplified in larger pictures, and inthe next slide you can see evidence of
a rocket launched from next to Gaza'swater desalination facility. I now would like
to address briefly the second issue Israel'sefforts at mitigation of civilian harm. Here,
too, the applicant tells not justa partial story, but a false

(01:55:36):
one. For example, the applicationpresents Israel's call to civilians to evacuate areas
of intensive hostilities quote as an actcalculated to bring about its physical destruction quote.
This is a particularly egregious allegation thatis completely disconnected from the governing legal

(01:55:59):
framework of Internet national humanitarian law.Evacuation of civilians is recognized under international humanitarian
law as one of the measures thatmay be implemented to protect civilians from the
effects of ongoing hostilities. Indeed,such evacuation may even amount to a duty
that the party to the conflict hastowards civilians. While temporary evacuation undoubtedly involves

(01:56:24):
hardship and suffering, it is preferableto remaining in areas of intensive hostilities,
all the more so when one partymakes a concerted effort to use those civilians
as shields. The IDF maintains aCivilian Harm Mitigation Unit to undertake this task.

(01:56:44):
It works full time to provide advancednotice of areas in which the IDF
intends to intensify its activities, coordinatetravel routes for civilians and secure these routes.
This unit has developed a detailed mapso that specific areas can be temporarily
evacuated instead of evacuating entire areas.On the slide before you, you can

(01:57:05):
see that map divided into areas,as well as a screenshot of a video
explaining the system in Arabics the civiliansmay understand it. The IDF also enacts
localized pauses in its operations to allowcivilians to move. It does this even
though Hamas does not agree to dothe same and has even attacked IDF forces

(01:57:26):
securing humanitarian corridors. Excuse me,I have a request from the interpreters that
you slow down the pace of yourspeaking. Could you please do that?
Thanks. Yesterday, South Africa statedthat the IDF gave twenty four hours notice
to civilians in northern Gaza to evacuate. In fact, the IDF urged civilians

(01:57:53):
to evacuate to Southern Gaza for overthree weeks before it started its ground operation,
three weeks that provided HOMAS with advanceknowledge of where and when the IDF
would be operating. This three weekperiod for temporary evacuation is a matter of

(01:58:15):
common knowledge. And the applicant's misrepresentationof this fact is at best and unfamiliarity
with the events, and at worse, a desire to tailor its story to
a pre existing narrative. The IDFemploys a range of additional measures in accordance

(01:58:39):
with the obligation to take precautionary measuresunder international humanitarian law. For example,
it provides effective advance warnings of attackswhere circumstances permit. To date, the
IDF has dropped millions of leaflets overareas of expected attacks, acts with instructions

(01:59:00):
to evacuate and how to do so, broadcast countless messages over radio and through
social media warning civilians to distance themselvesfrom HAMAS operations, and made over seventy
thousand individual phone calls, including tooccupants of the targets, warning them of

(01:59:23):
impending attacks. This requires time,it requires resources and intelligence, and the
IDF invests all of these to savecivilian lives. Here you can see the
IDF's Arabic Twitter account providing information forcivilians to evacuate specific areas, including the

(01:59:45):
location of shelters nearby. Yet theapplicant astonishingly claims that these efforts are in
themselves genocidal. In other words,a measure intended to mitigate harm to the
civilian population, sometimes exceeding the requirementsof international humanitarian law is proof, according

(02:00:14):
to the applicant, of Israel's intentto commit genocide, when in fact it
proves the exact opposite. My thirdtopic, with respect to the humanitarian situation,
much attention was given by South Africato this situation. Despite Israel's efforts

(02:00:39):
to mitigate harm. There is noquestion that many civilians in Gaza are suffering
as a result of the war thatHamas began. While Israel seeking to minimize
civilian harm, Hamas is doing everythingin its power to use the civilian population

(02:01:01):
and civilian infrastructure for its own protection, thwarting humanitarian efforts aimed at alleviating the
distress of the civilian population. Furtherillustration on Hamasa's tactics in Israel's efforts can
be found in Tabs four and nineof the volume provided to the court.

(02:01:23):
I now turn to describe just someof the humanitarian coordination efforts that Israel has
been engaged in, and mister Senderwill further expand on this. Israel maintains
a dedicated military unit called CogAT responsiblefor routine coordination with international organizations in Gaza

(02:01:45):
with respect to various humanitarian aspects.It is CogAT that mans and operates the
crossings between Israel and Gaza. Thisincludes the Era's Crossing through which prior to
October seven. On Moost twenty thousand, Gozzens passed through into Israel daily for
work. South Africa showed him appyesterday with the Era's crossing marked closed.

(02:02:14):
What it failed to note is thatthe crossing was attacked on October seventh by
Hamas, which murdered and kidnapped Kogat'sstaff and caused significant damage. Here you
can see some of that damage.Nevertheless, KOGAT works around the clock to

(02:02:35):
fulfill its role. Its large professionalstaff run numerous initiatives of which I will
only mention a few. First,KOGAT manages a mechanism by which it maintains
an up to day picture of theneeds in Gaza. It does this with

(02:02:58):
the UN, other Internet, nationalorganizations and states whose representatives sit in Kogat's
offices. KOGA uses this monitoring tohelp donor states and organizations prioritize their aid
efforts to fit the evolving situation onthe ground. Second, Kogat facility facilitates

(02:03:19):
the entry of aid into Gaza.Israel as publicly stated repeatedly that there is
no limit on the amount of food, water, shelter, or medical supplies
that can be brought into Gaza.To increase capacity, KOGAT has reopened the

(02:03:40):
Karamshalen crossing, as acknowledged by theSecurity Council in Resolution two seven to two
zero, despite Hamas putting it underfire. Israel has offered to extend operating
hours at the crossing if there isa capacity to receive the goods by international
organizations on the Gazan side. Third, COOGAT works to reinforce and strengthen medical

(02:04:04):
services. CogAT has facilitated the hugelogistical challenge of establishing four field hospitals in
Gaza and more are being set upand two floating hospitals. It has facilitated
the entry of new ambulances into Gaza, and Israel has even coordinated air drops

(02:04:25):
of aid over Gaza by Jordan coordinatingthese flights with the Israel Air Force operating
in Gaza. This, of course, is not to say that nothing more
can be done or that there areno challenges to the humanitarian situation in Gaza.
Such challenges exist and change according tothe evolving circumstances of the conflict.

(02:04:49):
But it is to say that thecharge of genocide in the face of these
extensive efforts is frankly untenable. Itis an inconvenient truth for the applicant's case.
But one of the most significant challengesis the fact that HAMAS commandeer's confinements

(02:05:10):
into Gaza and controls their distribution.Gazen residents have reported that HAMAS is regularly
stealing AID at the expense of itsown population for the benefit of its fighters.
This is a tweet stating that fueland medical equipment was stolen by purported
HAMAS members from an UNRA warehouse.UNRA later deleted the tweet, perhaps under

(02:05:35):
pressure from the authorities. Here youcan see HAMAS commandeering an AID truck.
And here is another example. BecauseHAMAS for years has used AID consignements to
smuggle weapons, security checks of allgoods going into Gaza are required, as

(02:05:56):
acknowledged by international humanitarian law. HAMAShas time and again hoarded fuel, including
during the current conflict, which ituses for military purposes to sustain ventilation in
its expansive underground tunnel network and forits continued attacks against Israel. Nevertheless,

(02:06:18):
in coordination with the UN, Israelenables fuel to enter Gaza to service essential
infrastructure such as sewage treatment, desalinationplants, water pumps and hospitals, and
cellular infrastructure for maintaining communication. Israelremains committed to helping international organizations and states

(02:06:43):
involved in the AID effort to overcomethese hurdles and consistently increase the amount of
aid and services available to the populationis in Gaza. As will be further
described by mister Sender. Here apicture of ours cubators that the IDF provided
to Shifa Hospital. Here a pictureof an ambulance convoy coordinated by CogAT,

(02:07:13):
A picture of consignments, a pictureof ambulances, the entry of which was
coordinated by CogAT, and finally,more consignments waiting to enter Gaza. Madam
President, members of the Court,and the time allotted. I have been

(02:07:33):
able to describe only some of Israel'sefforts to mitigate civilian harm and to address
the humanitarian situation in Gaza. Buteven this mere fraction is enough to demonstrate
how tendentious and partial. The applicants'presentations of these facts is and certainly enough

(02:07:56):
to conclude that the allegation of intentto commit genocide is baseless. If Israel
had such intent, would it delaya ground maneuver for weeks, urging civilians
to seek safer space, and indoing so, sacrificing operational advantage. Would

(02:08:16):
it invest massive resources to provide civiliansdetails about where to go, when to
go, how to go to leaveareas of fighting. Would it maintain a
dedicated unit staffed with experts whose solerole is to facilitate aid, and who
continue to do so despite having theirstaff killed and kidnapped. When a population

(02:08:43):
is ruled by a terrorist organization thatcares more about wiping out its neighbor than
about protecting its own civilians, thereare acute challenges in protecting the civilian population.
Those challenges are exacerbated by the dynamicand evolving nature of intense hostilities in

(02:09:03):
an urban area where the enemy exploitshospitals, shelters, and critical infrastructure.
Would Israel work continuously with international organizationsand states, even reaching out to them
on its own initiative to find solutionsto these challenges If it were seeking to
destroy the population. Israel's efforts tomitigate the ravages of this war on civilians

(02:09:31):
are the very opposite of intent todestroy them. Under these circumstances, far
from being the only inference that couldreasonably be drawn from Israel's pattern of conduct,
intent to commit genocide is not evena plausible inference, Madam President,

(02:09:52):
Members of the Court. That concludesmy statement, I thank you for your
kind attention, and I ask thatyou now invite mister Sender to the podium.
I think Miss Radwan and I invitemister Omri Sender to address the court.
You have the floor, Madam President, Members of the Court, it

(02:10:22):
is an honor to appear before youtoday on behalf of the State of Israel.
It falls to me to address thecondition of risk of irreparable harm and
urgency. This third condition is,of course, dependent on the two preceding
ones. Professor Shaw and Miss Rajuanhave already shown that the provisions relied upon

(02:10:46):
by the applicant do not afford,even prima facie, a basis on which
this Court's jurisdiction could be founded.They also showed that the rights asserted by
the applicant cannot be regarded as plausible, it follows that the irreparable consequences cannot

(02:11:07):
in the present case be caused bythe alleged disregard of rights under the Genocide
Convention. Again, this is notat all to say that the humanitarian situation
arising from the present armed conflict isnot grave. Civilians have been severely affected

(02:11:30):
by the hostilities instigated by Hamas.Its systematic strategy of prosecuting war from under
and within the civilian population exposes civiliansto great risk, and it has brought
about great suffering. Israel has doneand is doing a great deal to alleviate

(02:11:52):
this suffering in very challenging circumstances.In this regard, the factual account provided
by the applicant is once again entirelyone sided. The application and request run
no less than eighty four pages,but they make hardly any mention of the

(02:12:15):
extraordinary efforts undertaken by Israel and bya host of other states and international actors
to improve the umanitarian situation. Weagain heard virtually nothing from the applicant on
this issue yesterday, but this isa critical factor in the request before you,

(02:12:37):
As Miss Rajuan has shown, itfrustrates any attempt to establish the necessary
special intent for genocide. It alsobears upon the third condition established in your
case law. Madam President, Membersof the Court, we know from your
case law that the power of theCourt to indicate PREVAI measures will be exercised

(02:13:01):
only in exceptional circumstances. There needsto be, as you have said,
a real and imminent risk that irreparableprejudice will be caused to the rights claimed
before the Court gives its final decision. Your order in the Mianmar cause,

(02:13:22):
in which the Genocide Convention was alsoinvoked, suggests that the adoption and a
quote of concrete measures aimed specifically inrecognizing and ensuring the right end of quote
of the group in question to existwould mean that irreparable harm and urgency cannot

(02:13:43):
be established. Precisely, such concretemeasures have been taken by Israel, which
has been facilitating the provision of moreand more humanitarian assistance for people in need
throughout the Gaza Strip. These stepshave not only been increasing so as to

(02:14:03):
meet the developing situation on the ground, they are continuously undertaken specifically in order
to prevent harm to the civilian population. These efforts have had an impact just
last week, for example, withthe assistance of the World Food Program,

(02:14:26):
a dozen bakeries reopened with a capacityto produce more than two million breads a
day. The World Food Program hassaid the delivery of flour, salt,
sugar and yeast continues so as toenable more bakeries to reopen, increasing accessibility
and affordability for thousands of families.And since the applicant mentioned yesterday the number

(02:14:52):
of trucks entering Gaza each day beforeand after the war, the accurate average
number for trucks specifically carrying food isseventy trucks a day before the war and
one hundred and nine trucks a dayover the last two weeks. All this

(02:15:13):
information may be found in your judge'sfolder. Access to water has also been
a priority. As with food supplies, there is no restriction on the amount
of water that may enter Gaza.Israel continues to supply its own water to
Gaza by two pipelines. It facilitatesthe delivery of bottled water in large quantities,

(02:15:41):
and it repairs and indeed expands waterinfrastructure that has been damaged by the
fighting. An additional water pipe bringingwater into southern Gaza from Egypt began operating
a few weeks ago. Access tomedical supplies and services is also growing.

(02:16:03):
Israel has so far facilitated the establishmentof four field hospitals and two floating hospitals.
The establishment of two more hospitals isunderway. Israel is facilitating the entry
of medical teams into Gaza, asalso vaccinations, including in cooperation with UNICEF.

(02:16:26):
Ill and wounded persons are being evacuatedthrough the Rafa border crossing to Egypt,
the United Arab Emirates, Turkey,Qatar and Jordan. Tents and winter
equipment are being distributed as well.The constant delivery of fuel and cooking gas

(02:16:48):
is also facilitated. According to officialdata again in Your Judges folders from eight
December, the amount of fuel enteringGaza has and currently stands at one hundred
and eighty thousand liters a day.This is a target amount requested by the

(02:17:09):
UN itself. Since twenty one December, the amount of cooking gas entering Gaza
has also doubled, now standing atan average of ninety tons per day.
Details of this kind concerning the variousongoing humanitarian efforts are updated every single day

(02:17:33):
on a designated English website of Kogat, the unit in the Ministry of Defense
in charge of monitoring the humanitarian situation. When pressing needs are identified, solutions
are soon coordinated. A great effortis indeed invested in eliminating bottlenecks so as

(02:17:58):
to improve the entrance and distribution ofaid, notwithstanding Hamas constantly stealing it.
As you have heard, a jointoperations room involving Israel, Egypt, the
United States, and the UN operatesdaily to solve in real time logistical difficulties.

(02:18:24):
Israel also coordinates with various UN agenciesand the ICRC to address their own
needs. On fifteen December, Israeldecided to open its crossing at Kerm Shalom
with the express intention to improve andupgrade the delivery of humanitarian assistance to Palestinian

(02:18:45):
civilians in Gaza. That part ofthe government's decision is in your Judges folder
as well. This is eased congestionat the Rapha crossing and helped facilitate the
provision of greater amounts of aid.Israel facilitates air routes as well for parachuting
aid directly into Gaza. Facilitating amaritime corridor is currently being considered with other

(02:19:13):
states, Madame President, Members ofthe Court. Again, these are just
some examples, but they show thatIsrael, no doubt meets the legal test
of concrete measures aimed specifically at recognizingand ensuring the rights of the Palestinian civilians

(02:19:39):
in Gaza to exist. It hasbeen the daily work of numerous Israeli officials
of various agencies to ensure that theseand other steps are effectively carried out at
a time when they and their familiesare themselves under constant attack. Termination that

(02:20:01):
the multilateral, large scale humanitarian effortis lacking, or that scaling up access
of humanitarian relief to Gaza would beof no avail, as the applicant would
have you believe, should not bemade lightly, Madam President, Members of
the Court. Two additional elements warrantyour careful attention. They too, suggest

(02:20:28):
that the condition of urgency is notas easily met as the applicant would have
you believe. First, the scopeand intensity of the hostilities has been decreasing.
Israel's defense minister said last week thatIsraeli forces would be shifting from the

(02:20:50):
intense maneuvering phase of the war towardand I quote different types of special operations.
This statement, made in an interviewto international media, is found at
Tab sixteen A of the volume.Submitted this week on eight January, the

(02:21:11):
spokesperson for the Israeli military confirmed thatthe Israeli campaign had already started a transition
to fewer ground troops and fewer airstrikes. The war shifted a stage,
he said, as you will seein Tab sixteen B of the volume,

(02:21:31):
he spoke of a new and lessintense phase of fighting. He specifically mentioned
that Israel will continue to reduce thenumber of troops in Gaza. Five brigades
consisting of thousands of soldiers have alreadybeen withdrawn from the territory. Second,

(02:21:58):
the UN Security Council has only recentlyadopted a resolution for the specific purpose of
alleviating the humanitarian situation. By Resolutiontwenty seven twenty of twenty two December,
which is found at Tab sixteen Cof the volume, the Council demanded the

(02:22:20):
immediate and unconditional release of all hostages, as well as the delivery of humanitarian
assistance at scale directly to the Palestiniancivilian population throughout the Gaza Strip. More
specifically, still, the Council requestedthe Secretary General to appoint a senior Coordinator

(02:22:43):
in order to establish a UN mechanismfor accelerating the provision of humanitarian relief consignments
to Gaza. Contrary to what weheard yesterday, this resolution does not,
and I quote remain unimplemented close quote. A senior coordinator has been appointed and

(02:23:07):
indeed began her work. The Councilremains actively seized of the matter. Israel,
for its part, is already workingwith the Senior Coordinator, and it
has just this week coordinated the entranceof a UN delegation into northern Gaza in

(02:23:28):
order to evaluate the situation and mapthe needs for a future return of Palestinian
civilians. I recall in this connectionthat in the AEG and C case,
the Court found that it was notnecessary to indicate provisional measures, with the
government in question showed willingness to actin accordance with the recommendations of the Security

(02:23:52):
Council concerning the matter before the court. All these recent and developments indicate that
the facts as they presently exist donot call for awarding interim relief. They
also suggest that the difference between thepresent case and earlier cases that have come

(02:24:16):
before you are very clear. Finally, the lack of urgency within the meaning
of the Court's case law is furtherdemonstrated by assurances provided before you today by
Israel's co agents. They could notbe clearer in stating that Israel remains bound

(02:24:39):
at all times by its international legalobligations. Needless to say, this includes
Israel's obligations as a state party tothe Genocide Convention. The applicant will have
this Court say that it cannot takethe word of a state. That would

(02:25:03):
be not only unfortunate, it wouldalso be contrary to the law on unilateral
declarations of states. Unsurprisingly, yourconsistent case law suggests that assurances of the
kind offered by Israel may well renderthe indication of provisional measures unnecessary. Madame

(02:25:28):
President, Members of the Court,the conclusion is that the condition of irreparable
prejudice and urgency cannot be met.It is Israel and its citizens who would
risk irreparable harm if the requests ofSouth Africa were to be granted, Madame

(02:25:52):
President, distinguish, Members of theCourt. That concludes my statement for your
kind attention, and I ask thatyou now invite mister Staker to the podium.
I thank mister Sender, and Inow invite mister Christopher's Staker to take
the floor. You have the forcer, Madam President, mister Vice President,

(02:26:24):
Members of the Court, it's inhonor to appear before you again and to
represent the state of Israel. You'venow been addressed on why the conditions for
provisional measures are not met. Thatbeing so, there's no need to examine
the nine particular measures that South Africarequests. Nonetheless, for completeness, I

(02:26:48):
will address each in turn and showthat their terms are unwarranted. In any
event, they go beyond what isnecessary to protect rights on an interim basis,
and therefore also have no link withthe rights sought to be protected.

(02:27:09):
I start with the first and secondrequested measures. These would require immediate suspension
of Israel's military operations in Gaza.This request is frankly astonishing. A request
is made by a state not partyto an ongoing conflict for provisional measures requiring

(02:27:35):
unilateral suspension of military operations by oneparty to the conflict, only leaving the
other party free to continue attacks whichit has a stated intention to do.
South Africa cannot argue that similar measureswere granted in the Russia genocide case case

(02:28:00):
was fundamentally different. In the Russiacase, the legality of the military operation
itself was an issue by reference tothe Genocide Convention. Russia had claimed that
its military operation was to prevent andpunish genocide being committed in Ukraine. The

(02:28:22):
Court found it doubtful that the GenocideConvention authorizes a unilateral force unilateral use of
force in the territory of another state, and plausible that Ukraine had a right
not to be subjected to military operationsby Russia for that purpose. The result,

(02:28:43):
provisional measures could protect a plausible rightnot to be subjected to military operations.
In this case, Israel does notrely on the Genocide Convention or prevention
of genocide to justify its operations.The lawfulness of the operations themselves does not

(02:29:05):
involve any interpretation, application, orfulfillment of the Convention over which the Court
has jurisdiction. As jurisdiction in thiscase is based solely on Article nine of
the Convention, the Court cannot findthat South Africa or Palestinians in Gaza have

(02:29:28):
a plausible right of the kind inthe Russia case. Article forty one of
the statute empowers only such provisional measuresas the circumstances require to preserve the respective
rights of either party. In theRussia case, a suspension of military operations

(02:29:52):
might have been necessary to preserve aright not to be subjected to military operations.
But in this case, the rightin issue is South Africa's claimed right
to ensure observance of the Genocide Convention. It's absurd to suggest that the only
way to ensure observance of the GenocideConvention in a military operation is to prevent

(02:30:18):
the operation from being conducted at all, in order, according to South Africa,
to secure the humanitarian response and avoidyet more unnecessary death and destruction that
goes beyond preventing genocide. South Africaappears to argue that the military operations as

(02:30:41):
such are genocidal. But how hasSouth Africa established a plausible claim that this
is so? Mister Hassim argued onlythat it's plausible quote that at least some,
if not all of them, thesealleged acts fall within the Convention's provisions.

(02:31:05):
How does at least some acts turninto the military operations as such?
The pictures shown yesterday of various individualincidents whatever they may or may not say
about those incidents, are not evidenceof the intent of the military operations as

(02:31:26):
a whole. Professor Shaw has addressedyou on why the statements of holders of
official positions relied on by South Africado not establish ap plausible claim of genocidal
intent. The inabitable fatalities and humansuffering of any conflict is not, of

(02:31:48):
itself a pattern of conduct that plausiblyshows genocidal intent. These provisional measures are
therefore not within the shorts power underArticle forty one of the Statue. They
go well beyond anything required to preservethe specific rights in issue, namely the

(02:32:09):
observance of the Convention in military operations. They seek instead to shut down the
military operations themselves. The requested measuresseek to reverse the Bosnia case, when
provisional measures were ordered. In thatcase, the armed conflict was still in
progress. The allegations in that casewere similar to those made in this case.

(02:32:35):
Bosnia and Herzegovina specifically requested a provisionalmeasure requiring Yugoslavia to cease and desist
from any and all types of militaryor paramilitary activities against the people's State and
government of Bosnia and Herzegovernor, butthe Court did not grant it, even

(02:32:56):
though unlike in this case, anongoing JAIDE was said to be in progress
on the territory of the very stateseeking provisional measures, and both parties to
the conflict were parties to the case. The Court said expressly that it refused

(02:33:16):
because such a measure would be forthe protection of a right that could not
form the basis of a judgment inexercise of jurisdiction under the Genocide Convention.
There is no reason to depart fromthat case law. In any event,
provisional measures cannot be indicated if,as in this case, they would cause

(02:33:37):
irreparable prejudice to the respondent or areout of proportion with the protection that they're
intended to give to the applicant.The fact is that provisional measures impose burdens
on the party to which they areaddressed in order to protect potentially non existent

(02:33:58):
rights of another party. It wouldbe contrary to the sovereign equality of states
for such burdens to be imposed withoutregard to their effects on the state to
which they are addressed, As JudgeAbraham said in the Poulp Mills case.
In a request for provisional measures,the Court is faced with conflicting rights claimed

(02:34:22):
by the respective parties and cannot avoidweighing those rights against each other. In
the Financing of Terrorism Convention case,Judge Tompka said that the Court, when
considering requests for provisional measures, isexpected to weigh and balance the respective rights
of the parties. He went onto note, citing specific examples, that

(02:34:46):
this requirement has been observed in theCourt's practice. The Court is made clear
in other provisional measures orders that itmust preserve the respective rights of both parties.
Its established jurisprudence is that Article fortyone of the statute quote has as
its object the preservation of the respectiverights claimed by the parties unquote. That

(02:35:13):
is to say, both parties.The respective rights to be preserved are thus
not only the plausible but yet tobe determined rights claimed by the applicant,
but also the plausible and yet tobe determined rights of the respondent to engage
in conduct that provisional measures would restrain. Other international dispute settlement for her,

(02:35:39):
also balanced the interests of both partieswhen ordering provisional measures. Already a century
ago, a mixed arbitral tribunal recognizeda principle that the possible injury to the
address see of provisional measures must notbe out of proportion with the advantage which

(02:36:00):
the claimant hopes to derive from them. The Institute of International Law has now
recognized a general principle of law thatinternational and national courts and tribunals may grant
interim relief, and as a requirementfor such measures, that the risk of
injury to the applicant must outweigh therisk of injury to the respondent. This

(02:36:24):
principle is also recognized by other internationaldispute settlement mechanisms. Other principles applied when
indicating provisional measures are that none ofthe parties can be put at a disadvantage,
that measures should not go beyond whatis necessary to achieve their end,
that the measures must not cause areparable prejudice to the rights of the respondent,

(02:36:46):
and that any impression of bias mustbe avoided. These principles are all
aspects of the most basic and elementaryduty of the court to ensure equality between
the party. Article forty one ofthe Statute states that provisional measures are to
preserve the respective rights of either party. It does not refer solely to the

(02:37:09):
rights of the applicant for provisional measures. Not to apply such principles would be
absurd. Suppose that the Genocide Conventionand the Court had already been in existence
during the Second World War, andthat the Allied Powers were all parties to
the Convention without reservation while the AxisPowers were not. Suppose that a neutral

(02:37:33):
state had brought proceedings against the AlliedPowers alleging breaches of the Genocide Convention and
their conduct of hostilities, and requestingprovisional measures requiring the Allies to cease hostilities
immediately invoking pictures of civilian fatalities andsuffering in the war as applausible claim.

(02:37:54):
Such provisional measures would have required theAllies to surrender of the Axis Powers,
even though the case against them mightlater have been held to be wholly unfounded,
without any consideration by the Court ofwhether genocide was being committed by the
Axis Powers. Provisional measures must havetheir limits. Could a provisional measure require

(02:38:20):
a state to change its government orto vote in a particular way in the
General Assembly, The answer must beknown. Can provisional measures require a state
to refrain from exercising ap plausible rightto defend itself, the answer must be
the same. In this case,the balancing of interests must take into account

(02:38:41):
the following. First, Hamas isconsidered to be a terrorist organization by Israel
and other states. Second, it'sundisputed that on seven October Harmusk committed on
Israeli territory a large scale terrorist attack. This is continuing. Third, Israel's
right to conduct the military operations inexercise of its right to defend itself has

(02:39:07):
been recognized internationally. Fourth, Israelis committed to complying with international humanitarian law,
and fifth Israel is taking steps toalleviate the humanitarian situation. The Coagents
and other council have and will addressyou on this. Sixth, This is
not a case where provisional measures couldrequire both parties to a conflict to exercise

(02:39:33):
mutual restraint. They would not bebinding on Harmas. Seventh, Hamas has
made clear its intention to carry outcontinuing attacks against Israel and its citizens.
Eighth, provisional measures would deprive Israelof the ability to contend with this security
threat against it. More rockets couldbe fired into its territory, more of

(02:39:58):
its citizens could be taken hostage,raped and tortured, and further atrocities could
be conducted from across the Ghazan border, but provisional measures would prevent Israel from
doing anything. Ninth, provisional measureswould end attempts to rescue those already taken
hostage. Tenth, suspension of militaryoperations would give her must space to preserve

(02:40:22):
and build its capabilities, enabling itto pose an even greater threat and to
use remaining hostages as bargaining chips.If granted, the result would be this
an organization recognized internationally as terrorists hascommitted a terrorist atrocity in the territory of

(02:40:43):
a state, and a third statenow seeks an order from this Court that
would prevent the attack state from responding, but which would impose no obligation on
those responsible for the attack. Therequested measures would not put an end to
the conflict, but only only tomilitary operations by one party to the conflict.

(02:41:03):
These measures would assist the other partyand encourage the commission of further terrorist
attacks. In this respect. Also, the Russia case is fundamentally distinguishable from
this case. Provisional measures should bea temporary shield to preserve claimed but as
yet unproven rights pending a decision onthe merits. Instead, they're being used

(02:41:26):
here as a sword to give anadvantage to one party and a conflict over
another. The irreparable prejudice to Israelis obvious, so is the lack of
proportionality, Madam President, Members ofthe Court. Israel's position is that there
is no conceivable basis on which thefirst two provisional measures could be ordered.

(02:41:50):
I turned then to the third requestedmeasure. This would require Israel to take
all reasonable measures to prevent Jenner.This is analogous to the first provisional measure
in both the Bosnia case and theMyanmark case. There are two further objections
to this measure. First, itswording is not confined to the current military

(02:42:13):
operations in Gaza. It's expressed toapply in relation to the Palestinian people generally.
This opens the possibility to later claimsthat actions by Israel having nothing to
do with Gaza are in breach ofthis provisional measure. While the convention obligation
to prevent genocide may not be confinedto current operations in Gaza, the subject

(02:42:37):
matter of this case is there isno justification for the provisional measure to extend
beyond the claim itself. This particularobjection applies also to the fourth and seventh
requested measure. A second objection isthat this third provisional measure would impose the
same obligation on South Africa as well. No reason is given for this.

(02:43:00):
The other requested provisional measures do notapply to South Africa. Why this one
is South Africa saying it may failto comply with its obligation to prevent genocide
if not compelled to do so bya provisional measure unlikely. Rather, through
this provisional measure, South Africa appearsto seek a special mandate from the Court

(02:43:22):
to act internationally in relation to Palestinianissues, on the basis that it seeks
to prevent genocide. Indeed, ifSouth Africa's right to bring these proceedings was
disputed, South Africa might argue thatthis provisional measure gives it the right.
However, provisional measures cannot confer specialmandates on states, and no justification for

(02:43:45):
doing so is established. In anyevent, the third provisional measure should therefore
not be granted. I move onto the fourth requested measure. This would
require Israel to desist from committing actswithin the scope of Artie two of the
Convention. There are fundamental objections tothis measure. First, it has no

(02:44:05):
counterpart in the provisional measures ordered inthe Bosnia and Myanmar cases. What's the
need for this special novel measure.No explanation is given. Second, it
uses the word desist, which impliesthat violations of the Convention by Israel are
recurring. It seeks an implied rulingon the merits. In the Bosnia case,

(02:44:28):
you decline to grant a provisional measurerequested by Bosnia and Herzegovina that Yugoslavia
must cease and desist from all actsof genocide, you should also refuse this
request. It's one thing to callon a state to comply with its obligations
under the Convention. It's quite anotherto imply that a state has failed to

(02:44:48):
do so while provisional measures are withoutprejudice to the merits. Such an implied
finding will tarnish the reputation of therespondent state, which is not only on
pre concibled, but also unnecessary.Within the meaning of Article forty one of
the Statute to Protect Claimed Rights onan interim basis. Third, this measure

(02:45:09):
refers to acts within the scope ofArticle two of the Convention. Now,
although an act is not within thescope of Article two unless it's committed with
genocidal intent, the proposed wording leavesscope for South Africa subsequently to argue that
the words mean only the acts themselves, whether committed with genocidal intent or not.

(02:45:33):
On that interpretation, the effect wouldbe to shut down Israel's military operation.
Every killing or wounding of an opposingcombatant by Israeli forces, every collateral
civilian casualty, no matter how lawfulunder international humanitarian law, would be a
breach of this provisional measure. Evensecurity checks by Israeli forces of humanitarian aid

(02:45:56):
entering Gaza in accordance with international humanitarianlaw as recognized by Security Council Resolution two
seven two zero, might be arguedto be a breach. The request for
this measure should be rejected for thesame reasons as the first and second measures.
I next address the fifth requested measure. This specifies types of acts to

(02:46:20):
be regarded as deliberately inflicting conditions oflife calculated to bring about physical destruction for
purposes of the fourth provisional measure.This measure is also objectionable. First,
it's not a free standing measure,but an elaboration of Paragraphs C of the
fourth measure. If the fourth measureis not granted granted, then the fifth

(02:46:41):
measure falls away. Secondly, noanalogous provision is found in the Provisional Measures
Order in the Bosnia and Myanmark cases, and no special need for such a
new measure is established. Third,it again uses the word desist four makes
further impermissible implied rulings on the merits. For instance, it refers to so

(02:47:05):
called expulsion and force displacement of Palestiniansfrom their homes. This is an apparent
reference to Israel's practice of issuing callsfor civilians to temporarily evacuate areas of intense
hostilities, which is in fact ameasure to mitigate harm to civilians. This
measure thus seeks The Court's ruling thatevacuation calls amount to expulsion and force displacement

(02:47:28):
of Palestinians from their homes to SouthAfrica suggests that Israel should cease giving warnings
to civilians before military operations. Howwould that protect the rights that South Africa
claims. Similarly, Paragraphs SEE ofthis measure seeks the court's ruling that damage

(02:47:48):
to buildings in military operations, presumablyeven when lawful under international humanitarian law,
amount to the destruction of Palestinian lifein Gaza. Overall, Paragraphs A to
SEE of this measure, read togetherwith paragraph SEE of the third measure,
seek the courts ruling on the meritsthat evacuation calls, the current humanitarian situation

(02:48:11):
and damage to buildings all amount todeliberately inflicting on the group conditions of life
within the meaning of Article two SEEof the Convention. The reality is that
the conflict and the humanitarian situation cannotbe resolved overnight. This provisional measure seems
designed to ensure that Israel will bein breach of it as soon as it

(02:48:33):
is made. Its sole purpose seemsto be to prejudice the merits, not
to preserve rights on an interim basis. It should also not be granted.
The sixth requested measure incorporates two separatemeasures. The first of these would require
Israel to ensure that its military andorganizations in persons subject to its control do

(02:48:56):
not commit acts falling with Articles twoor thors of the Convention. It's analogous
to the second provisional measure in theBosnia and Myanmar cases, respectively. But
an objection to this is the referenceto any irregular armed units or individuals that
may be directed, supported, orotherwise influenced by Israel. This wording has

(02:49:20):
simply been copied from the second provisionalmeasure in the Bosnia and Myanmar cases.
However, in those cases the applicationsinstituting proceedings expressly alleged the existence of irregular
armed units, the reference is inappropriate. In this case, there's no suggestion
of forces other than the Israel DefenseForces, on whose commitment to international humanitarian

(02:49:43):
law you have and will be addressedon today. The second part of the
sixth provisional Measure contains an obligation topunish genocide. No such provision was included
in the Bosnia or Mianmar provisional measures. Order punishment of geni is not something
that needs to be done urgently inorder to protect claim rights. On a

(02:50:05):
provisional basis. This measure should alsonot be granted the seventh provisional measure also
comprises two separate measures. The firstwould require Israel to take measures to prevent
destruction of evidence. The Court hasindicated such a measure on two recent occasions,
but declined to do so on twoother recent occasions, despite a specific

(02:50:26):
request by the applicant. In thecases where it was granted, the application
for provisional measures specifically alleged that evidencewas being destroyed or concealed. In this
case, South Africa makes just abare assertion that there are serious concerns about
the destruction of evidence and its effecton future investigation into crimes and a hampering

(02:50:48):
of scrutiny of Israel's actions. SouthAfrica appears to suggest that the effects of
the military operations themselves amount to destructionof evidence, making this yet a further
provisional measure, effectively seeking a suspensionof military operations. The granting of this
measure would imply that there is somereason to suspect concealment of evidence, when

(02:51:09):
in fact none has been identified.This again, would be an unprincipled and
unnecessary tarnishing of reputation. The secondpart of this measure would require Israel not
to impede access to Gaza by factfinding missions, international mandates and other bodies.
However, it is noted first thataccess to Gaza from Egypt is under

(02:51:31):
the control of Egypt. Secondly,Israel has no obligation under international law to
allow access from its territory into Gaza. Thirdly, a provisional measure to this
effect was requested by the applicant inthe Mianmarke case, and it was not
granted by the Court. The needfor this measure has not been established.

(02:51:52):
The eighth requested measure would require Israelto submit regular reports to the Court on
measures taken to give effect to theprovisional measures. Provisions for such reports were
made in two recent provisional measures orders, but on four other occasions it was
refused despite being specifically requested by theapplicant. This shows that such measures are

(02:52:13):
not routinely granted. They've been grantedoccasionally when specific action has been indicated.
In Armenia versus Azerbaijan, the Courtsaid that a report was necessary in view
of the specific provisional measures it's decidedto indicate and in light of the undertakings
made by the agent of Azerbaijan.South Africa does not justified the inclusion of

(02:52:35):
such a measure. There is noshortage of publicly available Israeli material and reports
about the present situation in Gaza.Finally, the ninth requested measure is a
non aggravation measure. On two recentoccasions, such a measure was specifically requested
by the applicant but not granted bythe court. Again, such a measure

(02:52:56):
is not the norm and against SouthAfrica is not justify its necessity. Provisional
measures for non aggravation have been indicatedin cases where both parties have been directly
involved as actors in the facts ofthe case, and the provisional measures have
always applied equally to both parties.Thus, in Myanmar, the court declined
to grant such a measure. Anobligation of non aggravation cannot fairly be imposed

(02:53:22):
on only one party to a case, or only one party to a conflict.
If the proposed measure was granted,South Africa would remain free to aggravate
its claim dispute with Israel, andHamas would not be impeded from escalating the
conflict with Israel. The only purposeof this provisional measure appears to be to

(02:53:45):
prevent Israel from responding to any suchescalations. Again, there's no justification for
this measure, Madam President. Membersof the Court, that concludes my arguments
on the inappropriateness of the secific measuresrequested by South Africa. I thank you
for your careful attention. I inviteyou to call on mister Noam, co

(02:54:07):
agent of Israel, to conclude Israel'sarguments. I thank mister Staker, and
I now invite the co agent ofIsrael, mister Giladnoam, to address the
Court. You have the forcer,Madame President. Members of the Court Council

(02:54:28):
have shown that the applicant has failedto make the case for the indication of
provisional measures. More specifically, one, the court lacks prima factio jurisdiction,
as the applicant has not shown anydispute between itself and the respondent at the

(02:54:48):
time the application was submitted. Indeed, it's try to mislead the Court into
believing that one had existed. Two, TIKE has failed to meet the condition
of plausible rights to be protected inthe present circumstances. Three. The simple

(02:55:09):
reality is that the events which arethe subject of these proceedings are occurring in
the framework of a war instigated byhamas governed by the legal framework of international
humanitarian law. They do not fallwithin the remit of the Genocide Convention.

(02:55:30):
Four. The standard of irreparable harmand urgency is not met either. Israel
is constantly taking concrete steps, togetherwith others, to address the humanitarian situation
in Gaza. Five. Finally,we have shown that each of the provisional

(02:55:50):
measures sought are unwarranted and prejudicial.All these requires that we give attention to
two fundaments matters arising from these proceedings. The first is that the applicant seeks
to portray an image of Israel asa lawless state that regards itself as beyond

(02:56:13):
and above the law. The applicantpaints an image of Israel as a state
in which the entire public service,military, and society having concert discarded Israel's
long standing commitment to law and morality, and become singularly consumed with destroying an

(02:56:35):
entire population. That is partently false. I can attest to that firsthand as
the Deputy Attorney General for International Law. In this position, I regularly advise
the government on issues of international law, including humanitarian law. This has not

(02:56:58):
changed since October seventh, the conflict. The conflict with Hamas poses serious operational
and legal challenges in conducting close quarterurban combat while mitigating harm to the surroundings,
In seeking to put a stop toHama's military use of hospitals, while
minimimizing disruption of medical services, inhelping civilians leave areas of the most intense

(02:57:24):
fighting while Hamas forces them to stayin the line of fire. In facilitating
the provision of aid when that aidis constantly stolen by Hamas, to sustain
its military efforts, in balancing humanitarianconsiderations with the need to act forcefully against
an adversary that steel fire rockets deepinto our country and holds our citizens hostage.

(02:57:50):
As the authority responsible for international adviceto Israel's government and cabinet, I
can attest that in contending with thesechallenges, Israel remains committed to international law.
When the canons roar in Gaza,the law is not silent. This
has been the case since Israel's establishmentin nineteen forty eight, the same year

(02:58:13):
the Genocide Convention was adopted. Israel'scommitment to the rule of law has remained
steadfast throughout our history, despite thecomplex challenges we face as a nation.
It reflects the commitments made at thetime the state was established, as reflected
in our Declaration of Independence, whichmakes express reference to the principles of the

(02:58:37):
Charter of the United Nations. Innineteen forty eight two, Israel was at
war forced upon it. Yet,despite being engaged in a war for its
survival, the young state gave greatimportance to immediately establishing an effective, independent
and impartial legal system. Indeed,one of the first steps the newly informed

(02:59:03):
IDEAF took in the midst of awar was to establish a military justice system.
The system has evolved evolved into anintegral part of the institutional structure of
the Ideas. Thus, the ideaof military advocate General holds the highest rank
in the IDEA save the chief ofStaff, and is institutionally independent from the

(02:59:28):
military chain of command. Her staff, including international law experts, are interwoven
into all aspects of the military's activities. They provide legal training and education,
They are involved in the drafting andpreparation of military plans and doctrines, and

(02:59:48):
they provide ongoing legal advice on arange of issues, including targeting, weaponry,
and obligations towards the enemy's civilian populationremains meiins the case. In the
current conflict. The civilian legal system, including my Department in the Ministry of
Justice, serves as an avenue ofreview for the military legal system. The

(03:00:15):
Attorney General stands at the head ofthe civilian legal system. In this position,
she too enjoys full institutional independence.At all times. The doors to
Israel's courts, including Israel's Supreme Court, remain open. This court is widely

(03:00:35):
acknowledged for its willingness to consider issuespertaining to the conduct of hostilities, including
ongoing hostilities. Indeed, during thecurrent conflict, the Court has already considered
petitions on different aspects of the war. Israel's legal system also ensures accountability.

(03:00:58):
The IDF has the robust law enforcementsystem. It also maintains an independent mechanism
for examining and investigating alleged violations ofinternational humanitarian law. This mechanism is subject
to review and oversight by the civilianjustice system, including the Supreme Court.

(03:01:18):
This system has been structuralist strengthened overthe past decade, including by consultations with
like minded states and international experts.Assessing incidents in large case hostilities outside of
a state's territory requires expertise. Oursystem is provided with substantial resources and authority

(03:01:41):
to fulfill its mission. The militarymechanism is already reviewing incidents relating to the
current conflict. The rule of lawremains a foundational pillar of the State of
Israel. The applicant defames not onlyIsrael's leadership, but so Israeli society,

(03:02:03):
misrepresented a selective assortment of statements tosuggest genocidal intentions and the abdication of core
moral values. Israel's counsel, ProfessorShaw, addressed this claim. The shock,
anxiety, and deep pain that haveaffected Israeli society since October seventh naturally

(03:02:24):
lead to harsh statements regarding the enemythat is committed to indeed driven by destruction
of Jews and Israelis. But ourlegal system knows how to draw a line
between statements that may be troubling andeven obscene, but fall within the right
of freedom of speech in a democraticsociety, and those statements which go beyond

(03:02:48):
that right. As the Attorney Generalreaffirmed publicly recently, any statement calling for
intentional harm to civilians contradicts the policyof the State of Israel and may amount
to a criminal offense, including theoffense of incitement. Several such cases are

(03:03:09):
currently being examined by Israeli law enforcementauthorities. You will find this statement in
Tab. Sixteen D in the volumeMadame President, Members of the Court.
A second general matter we alluded tois the broader implications of this application for
Israel and the wider international community.As we have shown, this case concerns

(03:03:33):
a large scale armed conflict with tragicconsequences for civilians on both sides. Yes,
there is a heart wreaching armed conflict, but the attempt to classify it
as genocide and trigger provisional measures isnot just unfounded in law, it has

(03:03:54):
far reaching and negative implications that extendwell beyond the case before you. Ultimately,
entertaining the applicant's request will not strengthenthe commitment to prevent and punish genocide,
but weaken it. It will turnan instrument adopted by the international community

(03:04:15):
to prevent horrors of the kind thatshock the conscious of humanity during the Holocaust
into a weapon in the hands ofterrorist groups who have no regard for humanity
or for the law. If everyresort to force in self defense against an
enemy hiding behind civilians can be portrayedas genocide and trigger provisional measures. An

(03:04:39):
inevitable tension will be created between theGenocide Convention and states defending themselves against the
ever increasing capacities of terrorist organizations.Doing so would also signal to terrorist organizations
that they can commit war crimes incrimes against humanity, and then exploit this
core to obtain protection for US provisionalmeasures would lead to a perverse situation.

(03:05:09):
It would effectively allow Hamas to continueattacking the citizens of Israel, to hold
one hundred and thirty six hostages inunbearable conditions, to keep tens of thousands
of displaced Israelis from returning to theirhomes, and essentially to promote its plean
to massacre as many Israelis and Jewsas it can. Madame President, members

(03:05:33):
of the Court, in living memoryof the atrocities that gave birth to the
term genocide, in the aftermath ofwhich the State of Israel was founded,
we are witnessed. We are witnessedto a concerted and cynical effort to pervert
the meaning of the term genocide itself. The Genocide Convention is to important afoidation

(03:05:56):
in humanity's aspiration to defeat barbarism andevil. To be belittled in this way,
and the faith that has been placedin international law and its institutions is
to cherish an asset to be squandered. We appeal to this Court not to
be taken down that dangerous road.Madame President, Members of the Court,

(03:06:22):
for all the above reasons, Israelrequests the Court, in accordance with Article
sixty, paragraph two of the Rulesof the Court, for the reasons given
during the hearing of January twelfth,twenty twenty four, and any other reasons
the Court might deem appropriate. Oneto reject the request for the indication of

(03:06:43):
provisional measures submitted by the applicant.Two to remove the case from its list.
Madame President and Members of the Court. That concludes Israel's observations, thank
you for your kind attention. Ithank the coagent of Israel, whose statement
brings to an end the single roundof oral argument of Israel, as well

(03:07:07):
as the present series of sitting.In accordance with the usual practice, I
shall request the agents of both partiesto remain at the Court's disposal to provide
any additional information. The Court mayrequire. The Court will render its order
on the request for the indication ofprovisional measures submitted by South Africa as soon
as possible. The agents of theparties will be advised in due course as

(03:07:31):
to the date on which the Courtwill deliver the order in public sitting.
Since the Court has no other businessbefore it to day, the sitting is
declared closed.

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