Why South Africa’s case for genocidal intent by Israel is so important.
On 30th December 2023, South Africa launched a case at the International Court of Justice (aka the ‘World Court’), the highest legal authority in the United Nations system, that Israel is acting with genocidal intent.
The full document is publicly available. Here are 5 reasons it’s important:
1. There are real consequences for the US & Israel
In 1993, when the World Court determined that genocide was going on in Bosnia and Herzegovina, the United States and NATO immediately announced that they were instituting a no-fly zone over Bosnia.
“If we have an official determination by the International Court of Justice that genocide is going on, then under article 1 of the Genocide convention, all contracting parties (153 states) will be obliged to prevent the genocide of Israel against the Palestinians. Second, when the World Court gives the Cease and Desist order against Israel, The Biden administration will stand condemned under article 3 that criminalises complicity in genocide.“ — Francis Boyle, Professor of Law
2. Facts
“There used to be a time when opinions were based on … hold onto your hats here …. facts” — Lewis Black
But in this age of fake news & misinformation, it’s hard to know what to believe.
Well, if it’s facts you’re after, Starting on page 9, the document lists hundreds of facts, each referenced with reputable sources (eg. UN, and even some Israeli sources). If you have not been able to discern what’s really happening on-the-ground in Gaza, now is your chance.
3. A mirror to our own morality
The facts make clear what most of the world have recognized for months. The Global South have been the first and most vocal critics of the blatant murder of civilians, likely since they themselves know what it means to be oppressed.
That it has required South Africa to act, should make the rest of the us question why we have done or said so little.
4. The US response
The United States criticized South Africa for even bringing the case.
“We find this submission meritless, counter-productive, and completely without any basis in fact whatsoever” — John Kirby, U.S. National Security Council representative.
With hundreds of references and sources in the document, it is clearly not “without any basis in fact whatsoever”. South Africa and the world deserve better than this.
5. Hope
This document is a reminder that the actions of a few entities or people can still make an outsized positive difference in this world. Kudos & thanks to South Africa and the legal team who worked on this. Mandela would be proud of you.
The hearing is due on 11–12 January 2024 and the outcome is clearly far from assured with US political Joan Donoghue currently the president of the International Court of Justice.
We live in hope.
