The lawyers portrayed Israel as the actual victim of genocide, not Gaza, accused South Africa of supporting Hamas, and painted South Africa’s government as functioning as the legal arm of the Palestinian militants who led the deadly raids into Israel on October 7.
Israel benefitted greatly from the fact that there was no cross examination permitted or debate allowed during these proceedings. It embarked on a bold mission to do in a court of international law what its military and political officials have done day and night throughout the course of this war against Gaza: unleash a deluge of what was known within the Trump administration as “alternative facts.”
Israel’s defense was the inverse of South Africa’s case yesterday, and as weak in offering documented facts as South Africa’s was powerful. History began on October 7, the Israelis seemed to say, South Africa is Hamas, South Africa did not give Israel a chance to meet up and chat about Gaza before suing for genocide, and actually the Israel Defense Forces is the most moral entity on Earth. As for the voluminous public statements by senior Israeli officials indicating genocidal intent, those were just “random assertions” by some irrelevant underlings. Prime Minister Benjamin Netanyahu’s statements invoking a murderous story from the Bible about killing the women, infants, and cattle of your enemies? The South Africans just don’t understand theology and presented Netanyahu’s words out of context.
While Israel’s lawyers made legal arguments that the genocide charges leveled against it are invalid, their primary strategy was to appeal to the court on jurisdictional and procedural matters, hoping that they could form the basis for the panel of international judges to dismiss South Africa’s case. Aware of the global audience, Israel also sought to reinforce its claims of righteousness and self-defense in fighting the war in Gaza.