What transpired South Africa to take Israel to ICJ?

The recent decision by South Africa to approach the International Court of Justice (ICJ) in The Hague to examine whether the ongoing violence and humanitarian crisis in Gaza can be classified as genocide has surprised and puzzled many.

This move has stirred controversy both within and outside the territories of South Africa and Israel, with both support and opposition for this unprecedented step. To understand the motivations behind South Africa’s decision, it is crucial to delve into the historical context, political alignment, and the ethical stance that has shaped the country’s unwavering support for the Palestinian cause.

South Africa’s steadfast support for the Palestinian cause is rooted in the historical context of its own struggle against apartheid. During the darkest days of apartheid, Palestinians demonstrate solidarity with the South African people. The late President Nelson Mandela, an icon in the struggle against apartheid, had expressed gratitude for the support extended by the Palestinians and their leader, Yasser Arafat. Labeling Arafat a “comrade in arms,” Mandela highlighted the shared experience of oppression and the bonds forged during times of adversity.

Dr. Levy Ndou, a prominent political analyst, affirms that South Africans view the violation of human rights in Israel through the lens of their own apartheid history. Having only recently emerged from the clutches of institutionalized discrimination, the South African people are acutely aware of the dire consequences such abuse can have on a population. Thus, witnessing what is perceived as comparable human rights abuses in Israel has intensified South Africa’s determination in supporting the Palestinian cause.

The Historical Relations Between Tanzania and South Africa

Consistent with its historical solidarity with Palestine, South Africa’s ruling party, the African National Congress (ANC), has maintained a firm stance on the Palestinian issue. President Cyril Ramaphosa, during the ANC’s 112th anniversary celebration, reiterated the party’s unwavering support for the Palestinians, signaling that this cause remains a priority for the nation. The ANC’s commitment to the Palestinian cause has demonstrated itself in various forms over the years, creating a strong foundation of support for the Palestinians within South Africa.

Despite the ANC’s resolute stance, South Africa is not entirely united on this matter. The white-majority Democratic Alliance (DA), the largest opposition party in South Africa, has expressed its disagreement with South Africa’s decision to take Israel to the ICJ. The DA’s dissent stems from its concern that this move might strain diplomatic relations with Israel, a key economic and strategic partner.

While South Africa remains committed to rooting out any remnants of apartheid within its borders, the opposition parties argue that the situation in Israel does not align with the legal definition of genocide. These differing perspectives present a complex challenge for South Africa’s leadership in navigating its relationship with Israel and the Palestinian cause on the international stage.

In its submission to the ICJ, South Africa asserts that Israel is breaching its obligations under the 1948 Geneva Conventions regarding genocide prevention and punishment. The ANC has reiterated its call for an immediate ceasefire in the Gaza assault, the establishment of corridors for humanitarian aid, and the release of hostages and political prisoners. 

Additionally, they advocate for a two-state solution that respects the 1967 borders. The party leadership emphasizes to its supporters that South Africans, having experienced a “free and democratic society” for three decades after apartheid, have a responsibility to assist Palestine. President Ramaphosa expressed his deep concern for the injustice faced by the Palestinian people, a sentiment shared by many.

The scars of apartheid still resonate within the country, and the majority of South Africans believe in the freedom of the Palestinian people. Following the Hamas attack and the bombardment of Gaza, South Africans from all walks of life have organized daily vigils and protest marches, urging the Ramaphosa government to take action. Various activist groups, including Africa4Palestine, have called for concrete measures such as severing diplomatic ties with Israel.

The disaster response organization, Gift of the Givers Foundation, stands ready with trucks, medics, and aid workers to enter Gaza and provide humanitarian assistance if permitted. In November, the South African parliament adopted a motion introduced by the left-wing Economic Freedom Fighters (EFF) to close the Israeli embassy until a ceasefire is reached, as stated by the ANC’s chief whip, Pemmy Majodina.

Tel Aviv has accused Pretoria of serving as Hamas’ legal arm. A US official has dismissed the lawsuit as baseless and counterproductive. Despite widespread support for South Africa’s actions, President Ramaphosa’s motives are being closely examined. As a former freedom fighter and protege of Mandela, he has faced speculation that he is emulating Mandela’s foreign policy approach to enhance his statesman image.

Critics argue that the Ramaphosa administration’s involvement in the Palestine issue is driven by opportunism rather than genuine altruism. With an upcoming election, the ANC’s declining popularity has raised the possibility of forming a coalition government. The Economic Freedom Fighters (EFF) has emerged as a potential coalition partner, posing a challenge to the ruling party.

While some believe that Ramaphosa is using the ICJ case to boost his profile, others argue that it reflects a principled moral stance. It is crucial for the citizens of South Africa to support their government in this matter.