Plainly inconceivable under the term set by this very cold that a state conducting itself in this way. In these circumstances may be said to be engaged in genocide, not even private fashion. The key component of genocide, the intention to destroy a people in a whole or in part is totally lacking. What is ralph seeks by operating and gaza is not to destroy a people to protect the people. Its people who are under a tech on multiple fronts. And to do so in accordance with the law, even as it faces a hapless enemy. Determined to use that very commitment against as, as will be detailed by counsel. Israels lawful aims in gaza has been clearly and repeatedly articulated by its Prime Minister, its defense minister, and all members of the world cabinet. As the Prime Minister reiterate here to get again, this week is route is finding how much terrace, not the civilian population. Israel aims to ensure that guys a can never again be used as a launch pad for tears as the Prime Minister reaffirms israel 6 need thats a permanent they occupied gaza all to displace it. Civilian population, it wants to create a Better Future for his rileys and palestinians are like, were both can live in peace, thrive and prospect. And with the Palestinian People of all the pallets a govern themselves, but not the capacity to track and israel. If there is a threat to that vision, if there is a humanitarian threats to the Palestinian Civilians of gaza, it stems primarily from the fact that i have lived under the control of a genocidal terrorist organization that has total disregard for their life and will be that organization come us and its sponsors seek to deny Israel Palestinians and the arab states across the region. The ability to advance a Common Future of peace, co existence, security and prosperity. Israel is in a war of defense against come us, not against the Palestinian People to ensure that they do not succeed. In these circumstances, they can hardly be a charge more false and moment level. And then the allegation against israel, of genocide as the applicant has regrettably engaged in a transparent attempt to abuse the conventions, compulsory jurisdiction mechanism. And in particular, the provisional measures phase of proceedings to bring under the purview of the. Busy matters over which interest it lacks jurisdiction. Madam president , members of the court. The Genocide Convention was a solemn promise made to the jewish people and to all peoples of never again. The applicant in effect, invites the court to betray that drums. If the term genocide can be so diminished in the way that it advocates if provisional measures can be triggered in the way that it suggests, the convention becomes an aggressive trotter. It will reward indeed encourage the terrace to hide behind civilians at the expense of the states seeking to defend against them to maintain the integrity of the Genocide Convention, to maintain its promise and the courts phone role as its guardian. It is respectfully submitted that the application and receive request should be dismissed for what they are. A libel design to deny israel the right to defend itself according to the law. From the unprecedented terrorist on, on slot, it continues to face. And to free the 1136. 00 hostages come us still holds. I thank you for your kind attention. May i ask madam president , that you call professor show to the party . I think the co agent of israel for his statement, and i now invite professor malcolms shop to take the floor. You have the floor pressure show its by the president and members of the calls. It is a great honda to pay it before you again under privilege to pay on behalf of the state of israel. Just my task today to address the issues folding within the general categories upon the fe showed you is fiction and the preservation of a legs rights so to be protected. However, i would like 1st to make a preliminary comment about the key question of context. It constitutes the framework for the consideration of this request for the grant of provisional badges, south africa tests, its next lively. And its application that uses the word context many times to protect the law. Because that is impulsive to place the acts of genocide in the broad, the context of israels conduct towards the palestinians during its 7. 00 to 5. 00. Yeah. Long pause time leading the site fee. I re just made sure of that statement. Why stop in 7 to 5 years . Why not refer to 1922 on the approval by the council of the league of nations, of separate this monday or 1917. The confirmation of the ball sold declaration. Maybe also to the entry into the land of israel, of the israelite tribes some 3500 years ago. No. Or the immediate approximate context for the specific allegations of genocide change by south africa lies in the events of the 7th of october. But how much militants and of the groups of individuals stormed into the internationally recognized sovereign territory of israel and commission to act so by the credible atrocity, it was very easy event. The truly constitute the real context for south africas allegations. Indeed, subject maybe see as the real genocide in this situation. As the president s of the european commission, patrice on the 19th of october. So was no limits to the blood. How much terrorist wanted to spill. They went home by home and people live. They mutilated children and even babies. Why . Because they were shoes because they were living in the space of israel. On how muscles explicit goal is to iraq dictates jewish life from the holy land. These terrorist supports are 5 the friends and to her i will never stop. And so israel has the right to defend itself in line with humanitarian law. Of course these atrocities do not justify violations of the law and reply still less genocide. But they do justified monday to even the exercise of the legit too much of the inherent right to the states to defend itself fussing trying to the un charter and customary International Law to protect and to the continuing attacks against it on to prevent some from succeeding a stress that has been made explicitly by mass and repeated and it is less real. And even in this context is critical for it shows that the true nature of the situation of today, as it has unfolded, particularly the 7th of october, is that still find homes conflict heavily on militia and its our lives precipitate to agree just hostetlers is and the consequences lie, every point is based on conflict even when fully justified and conducted little felicia is brutal. Costs lives, particularly with the militia in question, specifically, target civilians and civilian facilities. When it says paints entry and concerned about causing civilian casualties on his own side. Conflict is also regulated by low the rules and principles of International Humanitarian law. Under the hate regulations that should be the conventions of 1949 and customer the in special. These are well developed and applicable and off for the respected by israel. Such rules cover permits it actually this is an International Humanitarian law where a civilian damage in los always to be able to grasp it closed in the legitimate dispute of military objectives through to the violation of the little thing. Great breaches of the to the conventions and up to will crimes and crimes against your mama say. However, the only category before this cold is genocide. Not every complexs genocide dont. The crime of genocide and interest are still low. And under the Genocide Convention, International Law is a uniquely malicious manifestation. It stands alone amongst the violations of International Law. I see a picture of me understand this of evil. It has been described correctly as the crime of crimes, the ultimate in wickedness. Frontier of the quote itself emphasized in this order, the 2nd of june, 1999. The french or use of force cannot see in itself constitute an active genocide within the meaning of optical to of the treaty of a convention. Im particularly instance foaming of selecting the elements of intense in the circumstances to partition of the way. If claims of genocide which becomes the common covered unsafe of a conflict when after an will wrap the dr. Code, the essence of this crime would be diluted. Last, i turn now to the question of the problem, differentiate you restriction of the course in the must have before us whats going 9 does the Genocide Convention to which both pop, both states of policies that reservation makes the quotes jurisdictional to is fiction conditional on the existence of a dispute relating to the interpretation application. Oh, full filaments of the convention and the relevant date for determining the existence of such a dispute is the date on which the application is submitted to the false, a rather old, an allstate dispute. At least terms exists of the time the filing of the application is a must have full objective determination by the cold. Does it master of substance . Another question, a full procedure. Because we will take into account and protect it up. Any statements or documents exchange between the policies, as well as and the exchange was made in multilateral settings, cost us that the key points here is the use of the to exchange between the policies. Unilateral a session does not suffice, that needs to be some elements of engagement between the policies. The elements of ink to change and biological interaction is required. A dispute is a reciprocal phenomenon. This point has been consistency noted by the code. For example, the code refunds and the my and mall case, the view that it had expressed earlier, such an older for a dispute in the sense of optical 9 to exist. It must be shown that the claim of long policy is positively opposed by the other. The court refer the referred to in the Marshall Islands, cases to the needs of the respondents should not be deprived of the opportunity to react before the situation of proceedings to the claim may be made against the 7 conduct worst states make send a session concerning the conduct of another state sick mess. This gave philosophy a reasonable opportunity to respond before resulting terrific ation. Particularly in a matter of seconds of virus. A, a said optimization of genocide on particularly before close of this standing on the hose that states to provide supporting evidence of some credibility here, south africa sites only a couple of general public statements by israel referencing mainly a press report by voices and a publicity release. From the is really ministry of foreign affairs. These responses, well not address, direct or even not in directly to south africa. There is no evidence of positive opposition. As required by the thoughts. Further, south africa sides, no relevance exchange between the policies, which would be the normal function for the expression and determination of a dispute between states. This actually typifies how sofa freaked us approach this mass. So it seems to believe. But it does not take 2 to time, though it is sufficient. If one state determines there is a dispute, leaving via the policy from a professor to got explains the south africa, id foisted south africa. Id voiced its concerns in the Security Council on didnt public statements, proof of on whats the other side of the mouth. So should the International Criminal code for that point . You says it became clear, there was a series dispute between the 2 states. The court house emphasized, in the case of statements made by one state in a motor latrell for him. The court must give particular attention into alia to the contents of a parting statement, until the identity of the intended address sees in order to determine whether that statements, together with any reactions to show that the policies before its held to clearly opposite to use. So 5 for close actions where is sufficient . Indeed, in the Marshall Islands cases, the cold, restarting, specifically to statements made at the conference. Notice that it did not call for a specific reaction by the u. K. This no opposition of use Company Inside from the absence of any such reaction, specific reaction. It is less disingenuous for professor do got to conclude fat. Israel must have been the from south africas public statements. They must and referral to the i, c. C of israel, genocide, deluxe. Such a dispute existed between the 2 states. This is not a dispute. It is a uni spewed alongside that traffic of hands. Professor, do god, perhaps tries to retrieve the situation by declaring that special considerations apply to the existence of disputes concerning logical 9 without telling us . Well, those conditions could possibly be we come now to the robert bush austell rate of the exchange of from no trouble. Professor, do god would have us believe that such exchanges. Amelia must have 1st to say of little real consequence. This is not the noble understanding of such notes. Im very important in each task to relations. But he says this for a reason. As we shall see, south africa instituted proceedings against israel on the 29th of december. And this long recital deputation let it sit on the 21st of december sofa has sent a note of the battle to israel, raising its concerns about genocide in gaza. The application for the states that israel has not responded directly to south africas knows about. This is incorrect. Israel did indeed respond fast, very day informing south africa, thats a note for both has been forwarded to capital on such a response was expected shortly. So if i could confirm the next states theyd have received the message on the 26th of december, the director general of israels ministry flower. And it says, proposed to his counterparts in the departments have in stock still relations and co operation of south africa by taxed to schedule a meeting at his earliest convenience. It will just to discuss the issues raised on the 27th of december, the embassy sent to south africa by email, and noticed that both suggesting a meeting of respective directors general of the earliest convenience in order to discuss the issues raised. And im an attempt by the embassy to come to deliver the notice was refused due to a national holiday. Im the so far for 10 departments of international relations. Specifically advise the embassy on the 28th of december to come to live with a note on the 2nd of january. Application was instituted on the 29th of december. This is an attempt by the state division, i think good sites to open a dialogue and discuss surfaces concerns. However, not tony wants to take note of the relevant time, but so far for what the procedure to Institute Proceedings the following day. And again, its application that no reply had been received which notes about which was payton please note, the case pops realizing the effect of this. So if i filled with some haste, st. A note for the ball on the 4th of january, which essentially just repeated the contents of the most of the 21st of december. But to explain the following day and i left it to the registrar that these read the notes had not seen received by the appropriate team. Israel has proof of receipt. It also states that the dispute is playing, you know, capable of resolution by way of a bilateral meeting. Nevertheless, it suggested to ho, hold the meeting the next morning. Israel replied the next morning, expressing surprise the south africa instituted proceedings without taking up the sincerely made offer to hold consultations. I convey its wish, for discussions to be held following the close of these oral hearings. So if africa and then notated the 10th of january, some really, surprisingly in the circumstances, sat there was no points in such a meeting. Curious indeed, south africa decide that unit left for late. So they dispute existed, irrespective of israel is constantly a totally unfriendly response. Since repeats it, perhaps such south africa taken up this also at the time process as a result of its own note. The policies may have decided that there was no dispute as such to place before the code. Under the Genocide Convention. Im that south africa express concerns over the genocide allegation would have been this waged. Weve made enough, i know south africas pacific, so its institution of proceedings foreclosed. Thats option. Its a point with underlining south africa did not give israel a reasonable opportunity to engage with it on the mattress under consideration before filing it. No doubt loan application on one does web itself efforts. At the very last moment, stephanie realized that it needed to show the existence of a dispute under the terms of the Genocide Convention and procedure to hastily formulate and dispatched a flurry of notes for quote, from parental orders for provisional measures, only were the provisions relied upon by the applicants, a prime, the fe shay to afford the basis on which is jurisdiction could be found. Although it need not sauces, find itself and a definitive mind, but it has to is fiction. As regards the merits of the case is nothing easy month to determine whether a prime must say shaped case. This interest has been full proof and complete absence of proof. Just intended to ensure that the quote functions effectively and efficiently. But that has to be something tangible in terms of the provisions in question of the provisional measures procedure is a complex instruments. Is that the quote has to decide upon the basis of certain assumptions which may or may not be disproved as a later stage of the proceedings. This is particularly difficult and such an egregious mano myself as a navigation of genocide. Well understood by v scares me. Ive lost the page. Okay, well the standard of proof of the marriage stage is high. The quotes having made it clear that claims against the state involving charges of exceptional gravity must be proved by evidence passes. Fully conclusive. Thats just not the case of cost of the provisional measure stage, but its also not negligible. The cost is off the ground. So in this case a number of measures thats an effect. Assume that the policy in question is committing genocide. As mr. Stake it will show later this morning, much is thrown at the stage before conclusive proof as it may speak, even if the accusation is comprehensively disapproved. Of something directs phase. As we expect. The serious political and security price may be paid by the guarantee of such measures stevenville malay such be shown to be completely unwarranted. This must surely require that the quote acts with caution and understanding, particularly in evaluating the components of allegation in low provisional measures are intended to constitute shields and also sold to preserve not to undermine rights. As we have shown, one, the elements of law school 9 thoughts of the need to demonstrate the existence of a dispute as understood by the cause. And the last of his case law is lacking. The 2nd that limits concerns the question as to whether the acts complained or by the Applicant Company seeing this fully within the provisions of the convention. The quotes noted that only the marriage stage kind of determines whether the positions in question of the convention have been violated. To accomplish this, the necessary, specific intend to destroy in ho or in paused a national s, nicole racial or religious group. As such, has to be proved. However, this cannot be read as a complete rejection of consideration of the intend criterion covering purposes. Because in the mind, ma case note that the finding the violations of the marriage stage no should be depends on the existence of intent. No, typically, not exclusively, more is not a ruling, but the intent is the relevance and it consideration of prime to facia jurisdiction, it is a ruling thats a conclusion as to whether or not violations of actually it is a matter for the merits. Which know should be depends on an assessment of intent. This clearly is leaves open. The possibility fast to intends is indeed a factor in determining pry, buffet should you a restriction and professional professional measures proceedings. This also consulted with the logic of the situation. The act elements of the definition of genocide are listed in on school to for pressing purposes. There is no need to go through the issue is that this is what determines the existence of the crime of genocide no measures phase of this case. So if i forget just enough to prove the genocidal acts, have been all being committed. But it does shop to show that the can that the Genocide Convention is in play. After all, this quote has no jurisdiction to consider. Consider and the of the alleged crimes. However, serious we are only concerned with genocide is indeed a difficult balance for the cold. The cost of stated, the water is required at this stage is to establish whether the acts complained of are capable or fully within the provisions of the Genocide Convention. But the ox complained of might only be capable of falling within the provisions of the Genocide Convention if the intent is present. Otherwise, such acts cannot constitute genocide. Defective intent colors the whole question of all to go to x. The woods. Thats the reason conversation evidence that the x box may fall within the convention, necessarily imposing the intent elements have been established as such. So thats like a accepts the need to demonstrate intent