The ICC heard the South African accusation against Israel of genocide yesterday. Today Israel will present the defense case. As I predicted yesterday, the allegations included citations from UN agencies active in Gaza. The reports from those agencies are highly biased and exaggerated (as I’ve mentioned here more than once) and I expect the Israeli side to point this out. To me, it’s especially important that Israel is singled out, while other locations with much higher death tolls have never been dealt with by the UN (or any UN sub agencies). Sudan seems to be a favorite blind spot for the Turkish and Iranian attacks on the Kurds.
But the heart of the Israeli case ought to be large number of steps that Israel takes to avoid civilian casualties. That, alone, ought to be enough to have the ICC dismiss the case immediately (and with prejudice, as my lawyer friends would say).
Another part of the South African “evidence” was made up of quotations from Israeli government ministers like Itamar Ben-Gvir. If they heard enough to quote his statements they should also know that he has been excluded from any decision making forum on the current war (and complained, bitterly, that he ought to have a say). By way of contrast, Hamas, and its sponsor/mentor Iran, constantly call for the elimination of Israel. The state controlled media of both are filled with exhortations to kill Jews. This is open and direct declaration of intent to commit genocide on their part, as opposed to an inferred and indirect approach claimed by the South African lawyers.
The bottom line is still that since Hamas has been unable to get any other body to order a cease-fire this is an attempt to get such an order. The ICC can make such an order, but has no power to enforce it. Hamas should be familiar with that status. They have been on the receiving end of UN declarations that ordered negotiations following earlier cease-fires, and simply ignored them.
Wetherhorn 