Israeli diplomats are urging US lawmakers to encourage South Africa to withdraw its case against Israel at the International Court of Justice (ICJ) regarding the war in Gaza, Axios reported on Monday, citing an Israeli foreign ministry cable.
The UN’s highest court has set October 28 as the deadline for South Africa to present its rationale for proceeding with its case accusing Israel of breaching the Genocide Convention during the Gaza war. Israeli authorities are seeking US congressional support to convey to South Africa that pursuing the case will have repercussions. According to Israeli officials cited by Axios, there’s optimism that South Africa’s newly formed coalition government might adopt a different stance toward Israel, including its actions in Gaza.
During a hearing of the ICJ in the Hague in mid-May, South Africa demanded that Israel halt its military operations in Gaza. Attorneys representing Israel said that South Africa’s demands were designed to support Hamas (South Africa is Hamas ‘Ally,’ Israel says at Hague court).
“South Africa purports to come before you, yet again, as a guardian of humanity,” said Gilad Noam, Israel’s deputy attorney general for international law. “In fact, it has a clear ulterior motive when it asks you to order Israel to stay away from Rafah and to withdraw all its troops from Gaza.”
In December 2023, South Africa initiated proceedings at the ICJ, alleging that Israel’s actions in Gaza violated the 1948 Genocide Convention. The complaint asserts that Israel’s military operations are “genocidal in character,” aimed at destroying a significant portion of Gaza’s Palestinian population. Israel has firmly denied these accusations.
Following the initial filing, the ICJ has conducted several hearings and issued interim measures. A notable ruling came in May when the court instructed Israel to halt its military activities in Rafah, a city in southern Gaza. But while the ICJ has addressed preliminary matters, it has yet to delve into the substance of South Africa’s genocide allegations. This more comprehensive examination of the case is anticipated to begin in the coming months.
In early June, in a significant political shift, South Africa’s long-ruling African National Congress (ANC) party lost its absolute majority for the first time. This development represents a devastating blow to the party once led by the iconic Nelson Mandela. The ANC, which has been at the forefront of efforts to bring legal actions against Israel in support of Hamas, has dominated the South African political landscape for three decades since winning the nation’s first post-apartheid elections in 1994.
The runner-up, the Democratic Alliance, has a moderate approach to the conflict in the Middle East and promotes maintaining South Africa’s ability to impact a peaceful solution by keeping good diplomatic relations with all parties (South Africa’s Anti-Israel Party Loses Majority for First Time Since Independence).
According to Axios, on Monday, the Israeli foreign ministry sent a classified cable to the Israeli embassy in Washington, DC, and the consulates across the US, saying, “We are asking you to immediately work with lawmakers on the federal and state level, with governors and Jewish organizations to put pressure on South Africa to change its policy towards Israel and to make clear that continuing their current actions like supporting Hamas and pushing anti-Israeli moves in international courts will come with a heavy price.”
Israeli diplomats were also instructed to push legislation against South Africa on state and federal levels “that even if they won’t materialize, presenting them and talking about them will be important” in convincing South Africa’s new rulers the Hague complaint would come at a high cost.
