The ICJ serves as a United Nations forum for settling disputes between nations. The question arises as to why South Africa is showing solidarity with Gaza, even going as far as accusing Israel of genocide at the ICJ. What exactly is the 1948 Genocide Convention?

What is the UN’s Genocide Convention?

  • The term ‘genocide’, often used in a broad sense to describe attacks on diverse global communities, is specifically defined in the UN’s 1948 Convention on the Prevention and Punishment of the Crime of Genocide.
  • This convention outlines genocide as any act committed with the intention to destroy, entirely or partially, a national, ethnic, racial, or religious group.
  • This includes killing group members, causing them serious physical or mental harm, deliberately creating life conditions leading to their physical destruction, imposing measures to prevent births within the group, and forcibly transferring children of the group to another group.
  • The convention also allows any contracting party to request the competent UN organs to take appropriate action under the UN Charter to prevent and suppress acts of genocide.
  • In response to its application to the ICJ, South Africa’s presidency stated that the country is obligated to prevent genocide, as reported by the BBC. The application calls for an ICJ hearing next week and requests the issuance of ‘provisional measures’ to halt the violence in Gaza.
  • Israel has vehemently rejected these accusations, with its foreign ministry denouncing the ‘blood libel’ propagated by South Africa.
  • Even if the ICJ holds the requested hearing and issues ‘provisional measures’, Israel has the option to disregard them. This was evident when Russia continued its military campaign in Ukraine despite the ICJ’s order to cease in March 2022. Nonetheless, South Africa’s move has intensified the criticism Israel is receiving from various non-Western sectors.

Why did South Africa act against Israel?

  • South Africa’s criticism of Israel is not a new development. In October, as violence escalated, President Cyril Ramaphosa and his African National Congress publicly condemned the ‘atrocities unfolding in the Middle East’, donning traditional Palestinian scarves.
  • Despite being Israel’s largest African trading partner, South Africa later severed diplomatic ties.
  • The roots of South Africa’s support for Gaza run deep. Like other nations that have experienced colonialism and occupation, such as India, South Africa has a history of empathy for the Palestinian cause. This sympathy was formalized into diplomatic relations with Palestine shortly after the end of apartheid in 1990.
  • South Africa’s solidarity with Palestine stems from several factors. Its own history of discrimination and disenfranchisement has made it sensitive to the plight of Palestinians under Israeli control.
  • Figures like Nelson Mandela, akin to Mahatma Gandhi, have been vocal advocates for Palestinian rights. Furthermore, Israel’s perceived backing by Western powers, who played a role in sustaining apartheid, has led South Africa to align with Russia, a supporter of anti-apartheid resistance.
  • For many years, South Africa’s stance on Israel mirrored that of other African nations. However, as more Arab countries recognized Israel, many African nations, including South Africa, softened their opposition.
  • The shift was also influenced by what Israel, a prosperous and technologically advanced nation, could offer, such as new technologies, financial aid, and military training. In 2021, trade between Israel and Sub-Saharan Africa exceeded $750 million, with nearly two-thirds involving South Africa.
  • Yet, South Africa’s unwavering support for Palestine can be attributed to the ruling ANC’s strong ties to anti-discrimination activism. ANC leaders and other apartheid opponents have often likened Israel’s treatment of Palestinians to the racial injustices Black South Africans faced under the White government.
  • South Africa’s stance also reflects its resistance to a Western-dominated worldview. This was evident when African nations were pressured to side against Russia following its invasion of Ukraine, and South African Minister of International Relations and Cooperation, Naledi Pandor, questioned why the West did not condemn Israel.
Conclusion- South Africa’s stance against Israel and its unwavering support for Palestine is deeply rooted in its own history of discrimination and struggle against apartheid. The nation’s empathy towards the Palestinian cause is further reinforced by its resistance to a Western-dominated worldview and its commitment to anti-discrimination activism. This stance, however, adds another layer of complexity to the already intricate geopolitical landscape. It remains to be seen how these dynamics will evolve in the future.