Overview

B’nai B’rith International is advocating for the International Court of Justice (ICJ) to acknowledge and act upon allegations that Hamas is guilty of genocidal activities against both Jewish and Arab-Palestinian communities.

Why it matters

The submission from B’nai B’rith, the world’s oldest Jewish human rights organization, calls on South Africa and other signatories of the Genocide Convention to denounce Hamas, block its funding, and hold the organization legally responsible. This comes as the ICJ is set to begin hearings in the case of South Africa v. Israel later in the week. The case stands out for its potential to significantly impact international law approaches to counter-terrorism, and charges of genocide.

Argument Details

B’nai B’rith alleges in its argument that Hamas perpetuated genocidal acts on October 7th, targeting Israeli citizens and exploiting Arab-Palestinian civilians as human shields to shift guilt onto Israel. It suggests that the court should doubt its jurisdiction in the case if the proceedings exclude concrete deliberations on Hamas’s actions.

The document also contests provisional measures requested by South Africa, expressing concern that these could bolster Hamas’s capacity for violence. B’nai B’rith’s stance underscores a potential contradiction in the international community’s handling of terrorism when juxtaposed with actions labeled as genocidal.

The Context

Indicating a pronounced gap in the international narrative, B’nai B’rith debunks assertions by South Africa accusing Israel of racism and colonialism. B’nai B’rith criticizes South Africa’s overlook on Hamas’s use of human shields and failure to provide viable alternatives for Israel, in essence expecting Israel to withstand genocidal aggressions passively.

B’nai B’rith’s Call to Action

The organization urges adherence to the Genocide Convention, including banning Hamas and preventing the group’s potential for committing future menacing acts. It holds that these steps are vital for ensuring lawful accountability and combatting further genocidal violence.

The Bigger Picture

This case reflects profound issues facing international law, notably when dealing with non-state actors accused of genocide and terrorism within protracted conflicts. B’nai B’rith’s argument highlights not only the necessity of seeking accountability but also the challenging landscape of geopolitical bias and the defense of human rights across diverse populations.

This story was first published on jpost.com.