An article in the New York Times stated that the administration of President Joe Biden used the method of “naïve rejection” regarding accusing Israel before the International Court of Justice of committing genocide in Gaza, contenting itself with the term “baseless,” in exchange for a file full of overwhelming evidence submitted by South Africa to prove Tel Aviv’s violation of  its obligations under the 1948 Genocide Convention.

The American newspaper pointed out - in an article written by Megan K. Stack - to Secretary of State Anthony Blinken saying in Tel Aviv that “the charge of genocide is baseless,” and National Security Council spokesman John Kirby saying that it is “worthless, counterproductive, and has absolutely no basis in reality,” noting that this indifferent stance taken by the administration suggests naivety.

The author explained that the document presented to the court was documented and its sources carefully controlled, and many experts say that the legal argument in it is unusually strong.

The words of Israeli officials have provided evidence of intent, from Prime Minister Benjamin Netanyahu urging Israelis to “remember” the Old Testament account of the Amalek massacre, “Pardon no one, but kill the men and women,” to Defense Minister Yoav Galant, who pledged that “Gaza will not return to what it was before, we will remove everything,” the Minister of Energy and Infrastructure pledged, “They will not have a drop of water or a single battery until they leave this world.”

Openly genocide

By speaking publicly about the destruction of Gaza and the dispersion of its population, Israeli leaders - as Stack believes - succeeded in publishing what was hidden or denied in other cases of genocide. However, the sessions of the International Court of Justice will not answer whether Israel did or did not commit genocide. But if the panel of judges is convinced that the accusation of genocide is plausible, it must "urgently" order Israel to halt its attack in order to protect the Palestinians and preserve evidence.

Even asserting that the evidence points to genocide would force the international community to protect the traumatized and starved population of Gaza by demanding a ceasefire and the introduction of aid, and in the long term the issue could lay the groundwork for early sanctions on Israel or prosecute its officials.

The writer continues that these measures are also meaningful for the United States because the Biden administration is the indispensable sponsor of this war, as it has armed, financed and diplomatically protected Israel despite the increasingly horrific reports of the killing and displacement of Palestinians, and therefore if it turns out that the violence in Gaza represents Genocide, Washington may be accused of complicity in genocide, which is a crime in itself.

But given the power that the United States wields, and its track record of impunity at the international level, the odds of any major consequences are slim. However, Americans should understand that the issue is fundamental and serious, and that their government is involved in it, Stack says.

No justifications

Israeli and American officials have repeatedly cited “self-defense” to explain the violence in Gaza, but this argument cannot justify acts of genocide, especially since the Israeli attack on Gaza constitutes - according to the author - a disproportionate response to the October 7 attack.

In an Israeli television clip cited by South Africa in its lawsuit, Colonel Yogev Bar Sheshet spoke from Gaza, saying, “Whoever returns here - if he returns here after that - will find scorched earth, no homes, no agriculture, nothing. They have no future.”

Israeli officials tried to improve their image by saying that “our war is against Hamas, not the people of Gaza,” and Netanyahu warned his ministers of the need to be careful in what they say about the war, saying, “Choose your words carefully,” despite his violent rhetoric.

Israeli government spokesman Elon Levy repeatedly described the South African case as a “bloody slander,” referring to anti-Semitic European conspiracy theories that have fueled the persecution of Jews since the Middle Ages. Addressing the South African government, he said, “History will judge you, and it will judge you without mercy.” 

Raz Segal, an Israeli historian and genocide expert, said that Israel's actions in Gaza are indeed "a model case of genocide."

Source: New York Times +Aljazeera