South Africa Says US Complicit in Israel’s Gaza Genocide
The International Court of Justice (ICJ) is scheduled to begin hearings Jan. 11 on South Africa’s case accusing the Government of Israel and the United States of commiting Genocide in the Gaza Strip.
In a historic legal battle unfolding at the International Court of Justice (ICJ), South Africa has accused Israel of committing genocidal acts against Palestinians in the Gaza Strip. The 84-page legal document has initiated an extensive examination of Israel's actions since October 7, 2022 — which have killed more than 22,000 Palestianians, 70% being women and children. It has also revealed South Africa's intention to hold the United States accountable for complicity in these ongoing crimes against humanity.
Hearings for the case are scheduled to take place at The Hague, located in the Netherlands, on January 11 and 12.
South Africa’s case against Israel states, "We firmly believe that Israel's actions amount to genocidal acts against the Palestinian people. The ICJ must act as a guardian of justice, ordering an immediate suspension of military operations in Gaza to prevent further harm.”
The case accuses Israel of violating the UN Genocide Convention, a treaty that the United States, Israel, and South Africa have ratified. The legal maneuver is a testament to South Africa’s history of fighting against injustice in the form of colonization and apartheid and their commitment to pursuing justice on an international stage.
South Africa's legal strategy goes beyond accusing Israel. On January 2, South Africa issued a notice of intention to hold the United States accountable for alleged complicity in the ongoing international crimes in Israel and Palestine. This move sets the stage for a complex examination of geopolitical alliances, and questions the accountability of nations supporting actions that could lead to international crimes.
A legal expert commenting on the case has said, "This notice is a significant step in addressing the intricate web of geopolitical alliances. It underscores the imperative for nations to be held accountable for their role in perpetuating alleged crimes against humanity.”
The accusations of US complicity shed light on a historical pattern of unwavering support for Israel over the past 75 years. In addition, continued opposition to calls for a ceasefire by the Biden Administration, and recent emergency military aid provisions bypassing Congressional review have intensified the scrutiny of continued US support for Israel. The increasing scrutiny is challenging traditional alliances and could potentially set a precedent for increased accountability in international affairs.
Regarding South Africa’s decision to hold the US complicit in Israeli crimes, a South African representative said, "Our legal action is not confined to Israel alone; it is a call for global accountability. The US-Israel relationship is now under intense scrutiny, resonating on the world stage.”
In anticipation of this legal show-down, the International Coalition to Stop Genocide in Palestine has gained support from 900 organizations worldwide within one week of announcing their campaign to advocate for an end to Israeli violence in Gaza. The coalition includes organizations such as Progressive International, World March of Women, and the International People’s Assembly, alongside Palestinian-led movements, human rights organizations, unions, and religious groups.
The coalition has called for global support at The Hague during the hearings scheduled for January 11-12. They have also called for local rallies emphasizing the need for the ICJ to seek accountability for alleged crimes of genocide.
The coalition's influence extends beyond symbolic support by actively pressing countries to endorse South Africa's case at the ICJ and participate in expressions of solidarity. This collective mobilization reflects a global sentiment demanding accountability and justice for the Palestinian people.
"Our coalition stands as a unified global voice against injustice in Palestine. We urge nations to support South Africa's case at the ICJ and demand an end to the atrocities," said a spokesperson for the coalition.
As the ICJ assumes the role of judge in this historic legal battle, questions have been raised about the court's authority and ability to enforce its decisions. While the court has historically made decisions in disputes between states, it has limited power to compel nations to comply with its decisions.
In March 2022, the ICJ ruled that Russia had to stop its invasion of Ukraine, but the decision was ignored as the ICJ could not legally enforce its ruling. As a result, some say that South Africa’s attempt to hold Israel accountable for crimes of genocide in Gaza is a symbolic move that is doomed to fail, even if the ICJ rules in their favor.
A legal analyst states, "While the ICJ's decisions carry legal weight, enforcing them poses significant challenges.” As a result, The ICJ's ability to order Israel to cease its invasion is met with skepticism about immediate compliance. However, the analyst continued, saying, “The outcome of this legal battle can reshape global dynamics and influence the pursuit of justice in the Israel-Palestine conflict.”
The outcomes of these legal proceedings can potentially influence the trajectory of one of the world's most protracted conflicts. The eyes of the world are on the Hague as South Africa’s genocide case against Israel has the potential to change global dynamics in the pursuit of justice for the Palestinian people.