Israeli officials concerned about South Africa’s ICJ case

South Africa’s decision to take Israel to the International Court of Justice (ICJ) for ‘genocidal acts’ in Gaza has reportedly ruffled the security establishment and the state attorney’s office in Israel.

According to Haaretz, a senior legal expert dealing with the matter has in recent days warned the Israeli Defence Force (IDF) top brass, including Chief of Staff Herzl Halevi, that there is “real danger that the court will issue an injunction calling on Israel to halt its fire, noting that Israel is bound by the courts”.

“According to international law experts, the proceeding may cement claims of genocide against Israel, and thus lead to its diplomatic isolation and to boycott or sanctions against it or against Israeli businesses,” the publication reported.

Israel’s State Attorney’s Office has allegedly already begun preparing to deal with the complaint.

ALSO READ: South Africa’s support for Palestine over Israel’s war on Gaza welcomed by ANC

South Africa’s decision to lodge a case against Israel at the ICJ comes after nearly three months of relentless Israeli bombardment in the area following Hamas’ 7 October 2023 attack on Israel. The death toll, according to the Palestinian Health Ministry, is over 21,500 people, about two-thirds of them women and children.

SA Jewish board of Deputies

The SA Jewish Board of Deputies (SAJBD) criticised South Africa’s decision to take Israel to the court, saying it “continues to humiliate itself in the international arena”.

“It has no shame in using international organisations like the International Criminal Court (ICC) and the ICJ when it suits their political purpose but shuns them when it doesn’t,” the SAJBD said.

When #SouthAfrica🇿🇦 flexes its diplomatic muscle in defence of humanity. pic.twitter.com/JjZ4bptND4

— Clayson Monyela (@ClaysonMonyela) January 1, 2024

ICJ case

In an 84-page court application to the ICJ, South Africa labelled Israel’s attacks as “genocidal” in character.

“The acts and omissions by Israel complained of by South Africa are genocidal in character because they are intended to bring about the destruction of a substantial part of the Palestinian national, racial and ethnic group [in the Gaza Strip].

“The conduct of Israel — through its State organs, State agents, and other persons and entities acting on its instructions or under its direction, control or influence — in relation to Palestinians in Gaza, is in violation of its obligations under the Genocide Convention,” the affidavit reads.

SA lawyers

The application asks the ICJ for a hearing, and requests that a number of “provisional measures” be indicated by the court.

South Africa’s legal team for its case to the ICJ against Israel includes John Dugard, Max du Plessis Tembeka Ngcukaitobi, Adila Hassim, Sarah Pudifin-Jones, Lerato Zikalala and Tshidiso Ramogale among others.

SA’s legal team for its case to the International Court of Justice against Israel: John Dugard SC, Max du Plessis SC, Tembeka Ngcukaitobi SC
Adila Hassim SC

Juniors: Sarah Pudifin-Jones, Lerato Zikalala, Tshidiso Ramogale

External: Vaughan Lowe KC
Blinne Ní Ghrálaigh KC pic.twitter.com/A1kQOI0Yya

— Franny Rabkin (@franstaar) December 31, 2023

ALSO READ: ‘SA continues to humiliate itself in the international arena’- Jewish Board of Deputies