The United States will intervene in a genocide case against Israel at the International Court of Justice brought by South Africa, arguing in a filing that the accusations are false and warning that a ruling against Israel could undermine international law.

The case at the U.N.’s top court concerns whether Israel’s military operation in Gaza to crush Hamas amounts to genocide under a treaty drafted after World War II, the Associated Press reported. Israel, which has vehemently denied the allegations, has argued that it is fighting Hamas and denies any genocide intent.

AP reported that in a filing obtained on Thursday, the U.S. said the genocide allegations are part of a “broader campaign” against Israel and the Jewish people “to justify or encourage terrorism against them.” The filing was made in the ICJ proceedings in The Hague, where the court sits.

The U.S. filing stressed that genocide requires a “specific intent” to commit the crime and cautioned the court against “lowering the standard.” It argued 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.”

Reed Rubenstein, a legal adviser at the State Department who represents the United States, told the AP that a finding against Israel would be a “radical repudiation” of the court’s precedent. He also said such a decision would “feed the perception that the court is simply just one more tool in the ongoing pro-Hamas lawfare campaign” against Israel.

The ICJ is considering South Africa’s case, which South Africa filed in 2023, and has issued multiple orders concerning Israel’s conduct in Gaza. AP reported that the court has told Israel to do all it can to prevent death, destruction and any acts of genocide.

In separate proceedings, the ICJ has also said Israel must allow the U.N. aid agency known as UNRWA to provide humanitarian assistance to the Palestinian territory. AP said Israel must permit UNRWA’s humanitarian work as ordered by the court.

AP also reported that the International Criminal Court issued arrest warrants in 2024 for Benjamin Netanyahu and his former defense minister in connection with the Gaza conflict. The ICC said there was reason to believe the pair used “starvation as a method of warfare” by restricting humanitarian aid and intentionally targeted civilians, and the Trump administration later responded by sanctioning ICC officials, including nine judges and top prosecutors.

Since a U.S.-brokered ceasefire came into effect last year, AP said heaviest fighting in Gaza has subsided, though regular Israeli fire continues. AP reported that the agreement has allowed more humanitarian aid and other supplies to enter the enclave, while restrictions were reimposed during U.S. and Israeli attacks against Iran.

More than a dozen other countries have filed interventions in the Israel case, AP reported, including Spain, the Netherlands and Ireland, with many taking a different view than the United States. The AP filing also noted that in 2023, over 30 countries backed Ukraine in a separate case it brought against Russia.


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