South Africa is gearing up for a legal showdown at the International Court of Justice (ICJ) in an attempt to compel Israel to cease its military operations in Gaza. This marks South Africa’s inaugural application to the ICJ, and experts suggest historic and political motivations are at play.
Pretoria is dispatching a formidable legal team, described as an “A-team” by Cathleen Powell, an international law professor at the University of Cape Town. The move is seen as a significant step for South Africa, with the ruling African National Congress (ANC) aligning itself with the Palestinian cause, drawing parallels to its own struggle against the white-minority government.
President Cyril Ramaphosa, invoking the teachings of anti-apartheid icon Nelson Mandela, frames the legal action as a “matter of principle” in support of the Palestinians facing conflict. Analysts, however, speculate that the ANC’s motives extend beyond principle, seeing the ICJ case as an opportunity to regain prominence amid domestic challenges and accusations of corruption.
Critics view the move as a “media-seeking stunt,” with some Christian leaders and South Africa’s Jewish Board of Deputies condemning the application. The country, home to the largest Jewish community in sub-Saharan Africa, faces a delicate balance between its Jewish and Muslim populations.
South Africa, a member of BRICS, aims to enhance its diplomatic standing globally, particularly among its close partners in the consortium that includes Brazil, Russia, India, China, and South Africa. The case against Israel is based on both countries being signatories to the UN Genocide Convention, created in response to the Holocaust.
The legal team representing South Africa includes notable figures such as John Dugard, a former UN special rapporteur on human rights in the occupied Palestinian territories, and seasoned litigator Tembeka Ngcukaitobi, known for handling politically sensitive cases domestically.
In an 84-page submission, South Africa urges the ICJ to order Israel to “immediately suspend its military operations” in Gaza, accusing Israel of engaging in genocidal acts. Israel vehemently rejects the claims, labeling them an “absurd blood libel.”
The ICJ hearings are scheduled to commence shortly, and a decision is anticipated within weeks. While the ICJ’s decisions are binding, enforcing them poses challenges, and they are occasionally disregarded.
