THE HAGUE, Netherlands – The United States will intervene in a genocide case brought by South Africa against Israel in the UN's highest court, arguing that the charges are false and warning that a ruling against Israel could undermine international law.
The International Court of Justice is considering whether Israel's military campaign in Gaza to crush Hamas amounts to genocide under the post-World War II treaty. Israel, which was founded after the genocide, has vehemently denied the allegations.
In a filing obtained Thursday by The Associated Press, the US says the allegations are part of a “broader campaign” against Israel and the Jewish people “to justify or encourage terrorism against them.”
Any party to the 1948 Convention on the Prevention and Punishment of the Crime of Genocide may intervene to contribute to the assessment of legal questions in the case. In 2023, more than 30 countries supported Ukraine in a separate case brought against Russia.
More than a dozen other countries, including Spain, the Netherlands and Ireland, have filed interventions in the Israel case. Many people have different attitudes toward the United States.
The US filing emphasizes that a finding of genocide requires “specific intent” to commit a crime and warns the court, based in The Hague, against “lowering the standard.”
“Civilian casualties, even widespread civilian casualties, are unlikely to amount to genocidal intent, particularly when they occur in the context of armed conflict involving urban warfare,” the US argued in the filing.
Reed Rubenstein, a State Department legal adviser representing the US, said a finding against Israel would be a “radical refutation” of the court's precedent.
Rubenstein told the AP that such a decision would “promote the perception that the court is just another tool in the ongoing pro-Hamas legal campaign against Israel”.
The worst fighting in Gaza has subsided since a US-brokered ceasefire took effect last year, although regular Israeli shelling continues.
The shaky agreement has led to more humanitarian aid and other supplies entering the enclave, although sanctions have been reimposed amid US and Israeli attacks against Iran.
Since South Africa filed the case in 2023, the ICJ has issued several orders regarding Israel's conduct in Gaza, calling on the country to make every possible effort to prevent any acts of death, destruction and genocide. In separate proceedings, the court said Israel must allow the United Nations aid agency in Gaza, known as UNRWA, to provide humanitarian aid to the Palestinian territory.
The International Criminal Court issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and his former defense minister in 2024 in connection with the Gaza conflict. The ICC said it had reason to believe that the pair used “starvation as a method of war” by restricting humanitarian aid and deliberately targeting civilians.
The Trump administration responded by sanctioning ICC officials, including nine judges and top prosecutors.