1Did Israel intend to destroy Palestinians in Gaza as a group?
South Africa
Yes. Israel’s leaders said so “in explicit terms,” soldiers repeated it on the ground, and the pattern of what was done fits it. The evidence is “overwhelming and incontrovertible.”
Israel
No. The quotes are “random assertions” that go against government policy. Israel’s aim is to defeat Hamas and free the hostages, and its warnings to civilians and its aid efforts are “the very opposite of intent to destroy.”
CourtNot decided. In January 2024 the court quoted three statements by Israeli officials and found the rights South Africa wanted protected plausible. Judge Nolte, who voted with the majority, wrote that he did not find it plausible that the military operation itself was being carried out with genocidal intent.
CR 2024/1 p. 33 · CR 2024/2 p. 31, p. 49 · Order of Jan 26, 2024 ¶¶ 52, 54 · Nolte declaration ¶ 15
Detailthe argument, what it rests on, where it is weak
South Africa
The argument
Israel’s intent to destroy shows in three places at once: in what its leaders and commanders said, in soldiers repeating those words as they fought, and in a pattern of conduct, from the siege to the destruction of hospitals, that points the same way. An intent to destroy Hamas doesn’t rule out an intent to destroy the group.
Rests on
Statements the court itself quoted, among them the defense minister’s “complete siege” with “no electricity, no food, no fuel” and his “we are fighting human animals,” the president’s “an entire nation out there that is responsible,” and the prime minister’s reference to Amalek. Videos of soldiers repeating such words. The scale of the killing and destruction.
CR 2024/1 pp. 33–35, 42 · Order of Jan 26, 2024 ¶ 38
Authority
The court’s order in The Gambia v. Myanmar (2020), where it said intent doesn’t have to be proved to get emergency orders. For the final ruling, the court’s cases on reading intent from a pattern of conduct.
Where it is weak
For a final ruling the court has only accepted intent read from conduct when it was the only reasonable inference. Israel points to other explanations for the same conduct, and some of the statements can be read as being about Hamas, as Judge Nolte noted.
Israel
The argument
There’s no intent to destroy anyone. Israel’s intention is to defend itself, end the threat and rescue the hostages. What counts as the state’s intent is what its decision-makers decided, and the decisions of the war cabinet and the security cabinet stress avoiding harm to civilians and letting aid in. Quotes from people outside those bodies, or taken out of context, aren’t policy.
Rests on
Excerpts from cabinet decisions Israel gave the court. The attorney general’s public warning that calls to harm civilians may be a crime. Evacuation warnings, pauses in fighting and aid deliveries, which it says no one bent on destruction would make.
Authority
The court’s genocide cases against Serbia (2007) and Croatia (2015), which set the strict test for intent. The United States argued in 2026 that the court should keep it.
Where it is weak
The court quoted the president and two ministers anyway, and Judge Nolte wrote that the statements were “at least highly ambiguous” in their “dehumanizing and indiscriminate language.” The cabinet decisions Israel showed the court aren’t public.
Nolte declaration ¶ 15 · United States ¶ 20
Logic chainhow the reasoning runs, and where it breaks
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Test
Without a written plan, is an intent to destroy the group the only reasonable conclusion from what was said and done?
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South Africa
Leaders said it outright, soldiers echoed it, and the conduct matches.
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The words
The court quoted the defense minister, the president and a minister on Gaza as a whole.
The words
Those are random quotes. The war cabinet’s decisions are the policy, and they protect civilians.
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Israel
Warnings to leave, aid and pauses are the opposite of intent, so it isn’t the only conclusion.
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South Africa
Wanting to destroy Hamas doesn’t rule out wanting to destroy the group as well.
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Where it lands
Rights found plausible in 2024, on a low test. Nothing has been decided. The judgment turns on this.