42 No. 70 JUSTICE Contrary to the picture portrayed by South Africa in its application, the IJL notes that the Israeli Government and the official spokespersons of the Israel Defense Forces (IDF) have declared, time and time again, that the military effort is directed against Hamas and not against the people of Gaza. This is clearly reflected in the actual conduct of the IDF on the ground by inter alia: giving advance warnings to civilians of impending airstrikes and other military operations; urging the evacuation of civilians from pending combat zones; designation of a humanitarian zone within Gaza; and working with the international community to facilitate the entry of large quantities of humanitarian aid to the Gaza Strip. It requires an extraordinary contortion of fact and logic to read into these actions proof of “genocidal intent” on Israel’s part. South Africa further purports to prove “genocidal intent” by presenting heated quotes from various Israeli politicians and other figures (made soon after the massacre of October 7th), none of which constitute official Israeli government statements or policy nor reflect the policies and practices of the IDF. This displays at best, a willful ignorance, or at worst, an intentionally selective misrepresentation of Israeli policy. Notwithstanding the bitter and protracted dispute between Israel and the Palestinians, Israel has never displayed any hint of intention to harm the Palestinian people per se. To impute such an intention to Israel today can only be understood as an attempt to focus the international discourse on Israel and away from Hamas' egregious and heinous crimes. More broadly, by labelling Israel’s defensive war against Hamas an act of genocide, South Africa is effectively stripping the term of its meaning. If this is genocide, then many instances of the use of force in response to an armed attack could easily meet that definition. In light of the above, the IJL calls on governments, international institutions and the international legal community, to denounce and reject the cynical and dangerous misuse of the Genocide Convention. The International Association of Jewish Lawyers and Jurists (IJL), founded in 1969, comprises lawyers, judges, judicial officers, and academic jurists from around the world. The IJL strives to advance human rights for all, including by combatting antisemitism, racism, xenophobia, Holocaust denial, and the delegitimization of the State of Israel.
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