the International Court of Justice rules in favor of South African diplomacy

On December 29, South Africa seized the UN legal instrument, accusing Israel of “genocide” in the Palestinian enclave. The 15 judges in The Hague delivered their decision on Friday January 26 and called on Israel to do everything possible to prevent any risk of genocide in Gaza.

The Court of Justice in The Hague, the highest court of the UN, ruled on Friday January 26 after South Africa’s complaint against the Jewish state for “genocide”. South Africa had taken the matter to court urgently, arguing that Israel was violating the United Nations Convention on Genocide, signed in 1948 following the Holocaust.

After the pleadings of the two countries, thehe highly anticipated decision has been made. Without ordering a ceasefire to Israel, the Court asks Tel Aviv for immediate and effective measures to allow the entry of humanitarian aid into Gaza. The judges also call on Israel to “prevent and punish” any genocidal incitement.

A victory for South African diplomacy

When the Court’s recommendations were announced early in the afternoon, members of the South African government danced to celebrate the judges’ position. South African officials welcomed “a decisive victory for the international rule of law and an important step in the quest for justice for the Palestinian people”. However, the victory is not complete, the South African authorities are well aware of this. They hoped that the Court would impose an immediate ceasefire on the Israeli army and that the judges would go further in their recommendations on whether or not Israel had genocidal intent in its response to Hamas attacks against its territory on October 7 last year. The merits of this dispute between South Africa and Israel will, however, be examined by the International Court of Justice, but its decision will probably not be known for several years.

The recommendations of international justice are therefore not binding. If the South Africans are so enthusiastic, it is because this is an essential victory for South African diplomacy. International law did not reject his request and therefore supports him. International law today confronts Israel and all its allies with their responsibilities.

This was precisely the aim of South African diplomats and lawyers, as well as Foreign Minister Naledi Pandor: “This legal action was also intended to obtain assurance that international bodies are fulfilling their duty to protect all of us as citizens of this world. All members of the United Nations have signed a range of instruments, but when lives are threatened, these instruments are not implemented.”

South Africa on behalf of the Global South

According to them, it is a question of making the voice of international law heard, of recalling the rules constantly put forward by the great powers, particularly Western ones, which free themselves from them as soon as one of their allies or themselves does not do not respect them. With this procedure, South Africa is testing the institutions, planting a flag so that everyone can now observe who stands behind international justice and who remains silent.

This operation was carried out by South Africa on behalf of the global South, where countries have too regularly suffered from colonialist omnipotence. In South Africa, the situation in Palestine directly echoes the period of apartheid and the common fight led in the past by the ANC (African National Congress) of the South African Mandela and the PLO of the Palestinian Arafat.

Today in power in the country, the ANC dominates South African political life andOur president, Cyril Ramaphosa, relies heavily on his diplomacy. A “non-aligned” foreign policy, calling for reform of the United Nations Security Council. Note that this policy, for less noble reasons, could allow it to improve its image domestically, a few months before the general elections.