The International Tightrope that is the Gaza war seems to be getting ever higher. Now South Africa has provided forensic evidence to the International Court of Justice (ICJ) that Israel is committing genocide in Gaza. This was according to President Cyril Ramaphosa’s office which stated that the country filed papers setting out its full case before the court. The government termed the papers a memorial, South Africa’s affidavit should serve as a reminder to the global community of the plight of the Palestinian people, the presidency said. “South Africa’s memorial is a reminder to the global community to remember the people of Palestine, to stand in solidarity with them and to stop the catastrophe.
“The devastation and suffering has been possible only because despite the ICJ and numerous UN bodies’ actions and interventions, Israel has failed to comply with its international obligations.” It was filed on the same day that the Knesset passed a ban on the UN Relief and Works Agency, the largest provider of food and health assistance to the population of Gaza, despite appeals to Israel from traditional allies including the United States and Germany to withdraw the measure. The passage of the ban drew a warning from UN secretary general António Guterres that national legislation cannot circumvent Israel’s obligations under international law and the UN Charter. South Africa in March argued, in one of its applications to the court for interim orders against Israel, that attempts to cripple the agency were among deliberate acts on the part of Israel causing the starvation of Palestinian children.
The UN is known to be a rudderless when it come to taking charge of a situation that threatens to result in an unforgiving genocide, that has all but destroyed the reputation of Washington on the world stage. It has been up to President Cyril Ramaphosa to table the memorial at the ICJ at the Hague in the Netherlands. This proof can then be examined by the judges, lawyers and legal experts of the court. If the court finds Israeli Prime Minister Netanyahu and his coalition partners guilty of genocide and war crimes then it is time for the funding of this war to stop. Both Washington, London, Paris and their allies need to abide by the ICJ’s decision and terminate their weapons trade agreement with the Israelis. All this sounds like wishful thinking though given the power the military-industrial complex wields throughout these nations.
Yes, there is that side that cares only about business and this is not good news for ending the war. This does not bode well for the Palestinian cause and an end to the Gaza war.
The country’s case in The Hague rests on an accusation that the Jewish state is violating the UN Convention on Genocide adopted in 1948 in response to the Holocaust, and has become a cornerstone of its campaign for the reform of multi-lateral institutions. In pleadings before the court in January, its legal team argued that there was proof of intent to commit genocide in calls by Israeli officials, often couched in religious rhetoric, to annihilate all those who live in Gaza in retaliation for the Hamas massacres in southern Israel in October 2023. Evidence set out over more than 750 pages in the memorial filed on Monday will provide further, forensic proof of intent to commit genocide in Gaza, the presidency and the international relations ministry said. Annexes and exhibits attached to the text span 4 000 pages.
“The evidence will show that undergirding Israel’s genocidal acts is the special intent to commit genocide, a failure by Israel to prevent incitement to genocide, to prevent genocide itself and its failure to punish those inciting and committing acts of genocide,” the presidency said.
A memorial of 4000 pages could take days for the court to read through. The Zionist regime and Hamas are not going to call for a truce during that time so the ICJ can reach its conclusion. The horrors of this genocide will leave an indelible mark on the national psych of the Palestinian people not seen since the end of the Nakhba or catastrophe. Pretoria must press for an end to the continued flow of arms from the western powers to Israel. This is the only way to truly end the war in Gaza. Gathering forensic evidence of up to 750 to four thousand pages to expose Israel’s atrocities is all well and good. But to prevent an escalation of this war Tel Aviv is waging not on one but two fronts in Gaza and Southern Lebanon requires an end to the arms sales to Israel.
Israel’s greatest sin in the war in Gaza is not to show restraint from committing genocide. They have gone beyond what was needed to even retrieve the hostages taken from their territory. They did not stop their war at the pointless murder of women and children. The result is Netanyahu has the same blood on his hands as the Hamas militants who launched the attacks on the 8th of October.
The court voted by a majority of 13 to two that Israel shall, in view of the deteriorating conditions in Rafah, “immediately halt its military offensive and any other action in the Rafah governorate which may inflict on the Palestinian group in Gaza conditions of life that would bring about its physical destruction in whole or in part”.
South Africa hailed that ruling as both ground-breaking and binding, but it was immediately rejected by Israeli Prime Minister Benjamin Netanyahu, who termed the genocide charges “false and outrageous”, and denied that Israel’s actions would “lead to the destruction of the Palestinian civilian population”. Both Ramaphosa and International Relations Minister Ronald Lamola have pointed to Israel’s relentless campaign in Gaza, and its incursion into Lebanon, as proof that the UN Security Council has failed in its mandate on peace and security.
Lamola has argued that by bringing the case before the court, and framing Israel’s actions in law, South Africa has shifted how Israel’s conduct is seen and contributed to calls for a ceasefire in Gaza.
The vote by the panel of judges is a win for the Palestinians, South Africa and all those in support of the cause. However, Netanyahu remains delusional in his war addiction and the only way to make this resolution binding as a ceasefire is to again with hold the trade in weapons to the Israeli Defence Force (IDF). This war has indeed raged to the point of becoming genocide. Pretoria still did a good thing by pursuing the ruling and achieving it was a triumph. The next step would be to enforce it by imposing sanctions on Israel. South Africa and all those who support the ruling should agree to do this. The Government of National Unity coalition steak holders such as the Democratic Alliance would oppose the idea of sanctions on Israel. However even they can’t ignore Israel’s reckless behaviour as it moves against Lebanon.
It is still heart breaking that after a year of this blood shed neither the United States, Britain or their allies have not budged concerning ending the aid flowing into Israel’s war coffers or sanctioned the trade of weapons. Ramaphosa and those who support this cause must keep pressing their buttons.
Article written by:
Yacoob Cassim
Journalist at Radio Al Ansaar
