Yesterday, the Republic of South Africa took the unprecedented step of bringing Israel before the International Court of Justice (ICJ), accusing the nation of war crimes and violating the UN Genocide Convention, a treaty established in 1948 following the Holocaust. South Africa urgently appealed to the ICJ, seeking to compel Israel to “immediately suspend” its military operations in Gaza.
This move holds significant importance not only in halting the Israeli aggressive actions but also in holding Israeli occupation forces accountable for war crimes for the first time in 75 years of brutal Israeli colonialism. The aim is to save the lives of over 2.3m civilians and to bring all Israeli officials implicated in the alleged genocide to justice, ultimately restoring credibility to the international justice system.
The decision by South Africa to pursue legal action is not surprising, given the country’s historical experience with the crimes of the apartheid regime. The parallels drawn between the suffering endured by South Africa under apartheid and the current situation faced by Palestinians under Israeli occupation underscore the commitment of the Republic of South Africa to the cause of justice.
South Africa, known as the state of law and the country of figures like Mandela and Desmond Tutu, draws upon its history of using legal means, patience, and determined struggle to bring down the apartheid regime. The ANC, closely associated with this struggle, has consistently supported the Palestinian cause, often linking it to its fight against the white-minority government that maintained strong ties with Israel.
In the initial hearings of the lawsuit against Israel, South Africa’s Minister of Justice, Ronald Lamola, asserted before the ICJ that Israel is subjecting the Palestinian people to an apartheid regime. He emphasized that the occupation fails to distinguish between combatants and civilians, characterizing the actions as tantamount to genocide. Lamola declared that no armed attack on a state’s territory justifies breaches of the UN Genocide Convention.
Adila Hassim, a prominent lawyer representing South Africa, argued that Israel’s bombing campaign aimed at the “destruction of Palestinian life” had pushed Palestinians “to the brink of famine.” She contended that the past 13 weeks of evidence presented to the court demonstrated a clear pattern of conduct and intention that could support claims of genocidal acts.
While acknowledging the support of Western countries for Israel to varying degrees, such backing in the face of the principles of law, human rights, and the dire situation in the Gaza Strip will not have value, rather than disclose their hypocrisy. The Western countries aligning themselves with Israel may be perceived as employing double standards and engaging in immoral practices, attempting to conceal the truth with futile efforts.
