Israel condemns ICJ case as some Gazans return to north

Israeli Prime Minister Benjamin Netanyahu has condemned South Africa's genocide case against Israel in Gaza as "hypocrisy and lies" as some Gazans returned to scenes of total devastation in the north of the enclave where Israeli forces have begun withdrawing.

Three months of Israeli bombardment have laid much of the coastal enclave to waste, killing more than 23,000 people and driving nearly the entire population of 2.3 million Palestinians from their homes.

An Israeli blockade has sharply restricted supplies of food, fuel and medicine, creating what the United Nations describes as a humanitarian catastrophe.

Israel says its only means to defend itself is by eradicating Hamas, the Islamist group that rules Gaza, whose fighters stormed through Israeli communities on October 7, killing 1200 people and capturing 240 hostages.

Israel blames Hamas for all subsequent harm to Palestinian civilians for operating among them, which the fighters deny.

The case, brought by South Africa at the International Court of Justice (ICJ) in the Hague, accuses Israel of violating the 1948 genocide convention, enacted after the mass murder of Jews in the Holocaust, which mandates all countries to ensure such crimes are never repeated.

"Israel has a genocidal intent against the Palestinians in Gaza," Tembeka Ngcukaitobi, advocate of the High Court of South Africa, told the court in the Hague. 

"The intent to destroy Gaza has been nurtured at the highest level of state."

South Africa asked the court for a preliminary order to demand Israel stop fighting now while the court hears the full merits of the case in coming months.

In a strongly worded response, Israeli Prime Minister Benjamin Netanyahu said "the hypocrisy of South Africa screams to the heavens".

South African delegation
South Africa's delegation urged the International Court of Justice to order Israel to stop fighting.

"We are fighting terrorists, we are fighting lies... Today we saw an upside-down world. Israel is accused of genocide while it is fighting against genocide," he said.

Palestinians said they hoped the court would stop the war.

In Rafah, in southern Gaza where the bodies of members of the al-Arjany family killed overnight were laid out outside a morgue, neighbour Khamis Kelab picked up the smallest of three children bundled in shrouds and cradled the dead infant in his arms.

"To the ICJ: what is the fault of this baby? What did this girl do? What crime did she commit? Was she a terrorist? Did this baby fire rockets?" he said.

"She was inside a tent, in the freezing cold, she was hit by a strike, this baby is just a few days old, you people."

The case reveals stark international polarisation. 

Benjamin Netanyahu
Israeli Prime Minister Benjamin Netanyahu says hypocrisy and lies have been presented to the ICJ.

Several European countries joined the United States in calling genocide accusations against Israel unjustified, not least given the ruthlessness of the Hamas attacks that precipitated the war.

But some developing states, including Brazil, backed South Africa, whose President Cyril Ramaphosa said his country was driven to bring the case by "the ongoing slaughter of the people of Gaza" and South Africa's own apartheid history.

Since the New Year, Israel has announced a new phase in the war, to begin drawing down forces in the northern half of the Gaza Strip where its offensive began.

Even so, fighting has only intensified in southern areas.

The relative quiet in the north has let residents begin trickling back into obliterated cities, finding a moonscape often with scant trace of where homes once stood.

Yousef Fares, a freelance journalist, filmed himself walking through a wasteland surrounded by scorched ruins that was once a part of Gaza City, home to nearly a million people. 

A few civilians passed by, some wobbling on bicycles over a track across the mud.

"All the houses you see are destroyed, completely or partially," he said.

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