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Israel undermining top UN court, says South Africa 
South Africa took Israel before the ICJ late last year

Israel undermining top UN court, says South Africa 

Mar 20, 2024
11:18 am

What's the story

South Africa's foreign minister, Naledi Pandor, has accused Israel of setting a precedent for governments to defy the International Court of Justice (ICJ), as she alleged a "starvation" campaign in Gaza. These allegations come on the heels of South Africa taking Israel to the ICJ over allegations of genocide against Palestinians. In a speech delivered at the Carnegie Endowment for International Peace in Washington, Pandor voiced her apprehension about the evident signs of widespread hunger and looming famine in Gaza.

Context

Why does this story matter?

South Africa dragged Israel before the ICJ late last year, accusing it of committing genocide in the Israel-Hamas war. At the time, the court held that "some of the rights claimed by South Africa" met the test of plausibility and ordered Israel to report back on the steps taken within one month of the verdict. On Tuesday, Pandor said that Israel had disobeyed the ICJ's January interim ruling that Israel should take action to avoid acts of genocide.

South Africa's claims 

South Africa claims Israel dismisses ICJ's ruling

Israel has completely ignored the provisional measures, according to Pandor. "We're seeing mass starvation now and famine before our very eyes. I think we, as humanity, need to look at ourselves in horror and dismay and to be really worried that we have set an example," she said. Pandor added that Israel's actions may have given other countries the impression that "there's a license—I can do whatever I want and I will not be stopped."

March appeal

South Africa appeals to ICJ for intervention in Gaza

Earlier in March, South Africa approached the ICJ again to request additional preliminary measures against Israel "in light of the new facts and changes in the situation in Gaza." South Africa had asked for an emergency order for Israel to increase humanitarian aid in response to what relief organizations warn is an impending famine. In response, Israel asked the court not to impose such a measure, dismissing the motion as "morally repugnant."

Israel's response

Israel refutes South Africa's appeal for increased aid

In a legal document, Israel dismissed South Africa's request as "wholly unfounded in fact and law, morally repugnant, and represent an abuse both of the Genocide Convention and of the Court itself." The country also refuted allegations of intentionally causing suffering in Gaza, where hunger is escalating, and criticized South Africa's repeated appeals as a misuse of procedures.

Us-South Africa relations

US-South Africa relations tense over Israel case

Like Israel, the Joe Biden administration has dismissed the genocide case as "meritless," leading to strained relations with South Africa. This follows an incident last year when the US ambassador in Pretoria accused South Africa of breaching its neutrality in the Ukraine war, a claim later withdrawn by Washington. Despite these disagreements, the Biden administration aims to sustain cooperation with South Africa. However, Congress is currently scrutinizing a bill that could potentially reassess the entire relationship between the two nations.