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Jessica Corbett for Common Dreams
After over two years of arming and otherwise supporting the Israeli government as it lays waste to the Gaza Strip—even after an October ceasefire deal—the United States this week officially joined an International Court of Justice case to defend Israel from allegations of genocide.
The United Nations’ primary tribunal announced Friday that the Trump administration had filed a declaration of intervention under Article 63 of the ICJ statute. The filing states, “To avoid any doubt, the United States affirms, in the strongest terms possible, that the allegations of ‘genocide’ against Israel are false.”
“They are also unfortunately nothing new,” the document continues. “The United States recalls that international fora have been misused to level false charges of ‘genocide’ against the state of Israel since at least May 1976 as part of a broader campaign (including UN General Assembly resolution 3379) to delegitimize the state of Israel and the Jewish people and to justify or encourage terrorism against them.”
“Sadly, that effort remains’ ongoing,” the filing claims. “Only days after Hamas launched its assault of mass rape, murder, and kidnapping on October 7, 2023, pro-Hamas actors, including the Islamic Republic of Iran, were already falsely charging Israel once again with ‘genocide.’”
The filing comes less than two weeks after President Donald Trump and Israeli Prime Minister Benjamin Netanyahu began a joint war against Iran. Since then, Israel has also returned to bombing Lebanon, despite a November 2024 ceasefire agreement, and again cut off the flow of humanitarian aid into Gaza. The bombing of Gaza by Israel has also continued.
When South Africa initiated its case in December 2023, accusing Israel of violating the 1948 Convention on the Prevention and Punishment of the Crime of Genocide with its slaughter of Palestinians in Gaza, Israel’s bombardment and blockade had killed more than 21,500 people, according to local health officials.
The Gaza Ministry of Health now puts the death toll at 72,136, with another 171,839 wounded—including 651 killed and 1,741 injured since the ceasefire began. Experts around the world have warned that the true figures could be far higher.
The US filing states that “civilian casualties, even widespread civilian casualties, are not necessarily probative of genocidal intent, particularly when they occur in the context of an armed conflict involving urban combat.”
However, as South Africa highlighted in its initial application, “repeated statements by Israeli state representatives, including at the highest levels, by the Israeli president, prime minister, and minister of defense express genocidal intent.”
“That intent is also properly to be inferred from the nature and conduct of Israel’s military operation in Gaza, having regard… to Israel’s failure to provide or ensure essential food, water, medicine, fuel, shelter, and other humanitarian assistance for the besieged and blockaded Palestinian people, which has pushed them to the brink of famine,” South Africa’s filing states. “It is also clear from the nature, scope and extent of Israel’s military attacks on Gaza.”
Fiji, Hungary, and Namibia also intervened in the ICJ case on Thursday. While only Namibia supports South Africa, the interventions came a day after Iceland and the Netherlands also formally backed the arguments against Israel.
In addition to the ICJ case, the International Criminal Court—also based at the Hague—has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant for alleged crimes against humanity and war crimes in Gaza. Trump has retaliated with sanctions against ICC jurists.
Jessica Corbett is a staff writer for Comm Dreams
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