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NADLER STATEMENT ON SOUTH AFRICA'S CASE AGAINST ISRAEL AT THE INTERNATIONAL COURT OF JUSTICE

Last week, the Republic of South Africa argued before the International Court of Justice that Israel’s military actions in Gaza violate the international prohibition on genocide.  I unequivocally reject this charge, and I expect the ICJ to do the same.

The Convention on the Prevention and Punishment of the Crime of Genocide was ratified by the United Nations in 1948.  It rose from the horrors of the Holocaust and remains a vital tool in holding accountable those who perpetrate such unspeakable acts.  By all accounts, the charges against Israel are absurd—especially when we consider that Hamas calls openly for the total destruction of the Jewish people. Indeed, the international community has an obligation to address Hamas’ unambiguous violations of international law—charges that include rape, torture, and the intentional targeting of civilians. 

As I have made clear since the attacks of October 7, Israel has the right to defend itself within the bounds of international law.  The Israeli government has a legal and moral duty to make every reasonable effort to ensure that its military does not target civilians and to provide basic humanitarian aid.  Statements by far-right Israeli politicians to the contrary—calls for the forced transfer of Palestinian civilians, the mass destruction of Gaza, and the re-establishment of Israeli settlements—are both counterproductive and deeply disturbing.  I condemn these comments without reservation.

We can and should hold those at war accountable to international law, but South Africa is wrong on the facts and wrong on the law.  I hope the ICJ will rule accordingly.

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