@saveallthewhales
I don’t think Israel would be stupid enough to make those counter arguments in quite that fashion. Justice (Emeritis) Aharon Barak is a well respected and esteemed former president of the Supreme Court of Israel. He is very pro-Israel biased but he’s extremely intelligent and spent his career handling international law and courts
I think this was your source?
https://www.thejc.com/news/israel/how-to-dismantle-south-africas-genocide-case-against-israel-r2tkcb1m
On the Genocidal Intent:
”The Israeli government has repeatedly stated that its objective is to destroy Hamas. Hamas is not a national, ethnic, racial or religious group, and no Israeli leader with authority over the conduct of the military operation has indicated an intention to destroy the Palestinian people.”
That flies in the face of the pages of evidence that South Africa submitted of stated (and sung) intention from the top down to destroy the Palestinian people of Gaza.
On the hospitals:
Its oversimplified. Yes hospitals can lose their protections but not by having tunnels under them. Tunnels are not an active threat to a military. The law even states that having wounded enemy fighters in the hospital receiving treatment is not adequate reason to target a hospital. There are very specific, limited circumstances and a tunnel isn’t one of them. Especially since the video evidence of the tunnels (and it isn’t verified the tunnels filmed were under Al Shifa as the video is edited) shows tunnels with no evidence of recent use. Therefore, there was no active threat to the IDF from within or under the hospitals. In the case of Al Shifa, the tunnels were originally built by IDF when they occupied Gaza. That’s how they knew they existed. This has been fact checked as true:
https://www.msn.com/en-us/news/other/fact-check-did-israel-build-bunker-under-shifa-hospital/ar-AA1jZnXA
On the civilian deaths
“It has been reported that civilians accounted for 89 per cent of the casualties in conflicts in densely populated areas worldwide in 2021. The IDF has estimated that about a third of Palestinians killed in the current operation were terrorists.”
Yes it was reported. By the Guardian but was an average when you combine terrorist attacks plus military attacks. Of course, terrorists will kill more civilians that’s part of being a terrorist.
https://www.theguardian.com/law/2021/may/25/explosive-weapons-used-in-cities-kill-civilians-91-of-time-finds-study
“Where the identity of the perpetrators was known, state actors were behind 128,460 of the deaths and injuries recorded – of which 67% were civilians – while terror groups and other non-state actors were behind 132,909, of whom 76% were civilians.”
the IDF estimate is taking the Gaza death toll, subtracting the statistic reported of 70% are women and children and saying, 100% of men are all Hamas terrorists. That is no way to count terrorists.
the Guardian article also reported the usual % for IDF
”Gaza was the ninth most affected territory, with 5,700 civilian casualties recorded among 764 incidents. Of the casualties, 90% were civilians, the second highest proportion of leading countries affected, followed by Lebanon on 91%.”
So, per this same report, IDF has a worse % civilian death toll than the average % civilian death toll from terrorist attacks.
On blocking humanitarian aid
They did block aid for several weeks of the war and not only that they deliberately destroyed water, sewage, power, and food sources and infrastructure within Gaza. Once aid started to go in, it was a trickle, a tiny fraction of the need and still is. The comment is wrong, Israel is prohibited by international law from blocking and stopping humanitarian aid sent by other countries. The paragraph seems to be confusing humanitarian aid with military aid.