Christopher Staker, a member of Israeli defence team before the International Court of Justice, used wartime Bosnia as an example in the argument against the request for provisional measures against Israel to halt its military operations in Gaza, which South Africa filed with the UN court.

Staker, told ICJ judges the arguments about Gaza are similar to those made in the Bosnian genocide case but the court did not order an end to military activity then.

“Requested measures seek to reverse the Bosnia case. When provisional measures were ordered in that case, the armed conflict was still in progress. Allegations in that case were similar to those made in this case. Bosnia and Herzegovina specifically requested a provisional measure requiring Yugoslavia to cease and desist from any and all types of military and paramilitary activities against the people, state and government of Bosnia and Herzegovina. But, the court did not grant it,” Staker said addressing the court on Friday, as he presented Israel's defence.

“Even though, unlike in this case, an ongoing genocide was said to be in progress on the territory of the very state seeking provisional measures and both parties to the conflict were parties to the case,” he added.

He noted that the “court said expressly that it refused because such a measure would be for the protection of a right that could not form the basis of a judgement in exercise of jurisdiction under the genocide convention.”

The South African application to the ICJ argues that Israel's military attacks are “genocidal in character because they are intended to bring about the destruction of the Palestinians in Gaza.”

The country asked the court to issue provisional measures against Israel to halt the military operation and to protect the people of Gaza.