Al Jazeera’s senior political analyst Marwan Bishara says that throughout the hearing, Israel lost the moral, factual, historical and humanitarian argument because of the way the situation has unravelled in Gaza – with the sheer death and industrial killing there”.
He said the Israeli legal teams’ continuous efforts to blame Hamas for the suffering in Gaza – where at least 23,700 people have been killed – and to convince the court that Israel is trying to ameliorate the humanitarian situation there were unconvincing.
However, he said the Israeli team did make strong “jurisdictional and procedural arguments”.
They relate to whether South Africa has a legitimate “dispute” with Israel that warrants it taking Israel to the ICJ in the first place, the court’s limited jurisdiction, and the grounds for each of the “provisional measures” sought by South Africa to protect Palestinians from harm.
While Israel lost the “moral argument”, its team may have “made a dent” in South Africa’s case with its jurisdictional points, said Bishara.