Israel concluded its hearing by asking the court to refuse South Africa’s request for provisional measures, since it said these would constrain Israel’s ability to defend itself while allowing Hamas to continue attacks.
If “resort to force in self-defense against an enemy hiding behind civilians can be portrayed as genocide and trigger provisional measures,” then “an inevitable tension will be created between the genocide convention and states defending themselves against the ever-increasing capacities of terrorist organizations,” argued Gilad Noam, an Israeli lawyer.
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