South Africa, a member of the BRICS group, has legally disputed alleged human rights violations
South Africa has instigated legal proceedings alleging that Israel is guilty of multiple violations of human rights. This case is seen as a significant move, not only in attempting to address the issues observed in Gaza but also marking one of the first times in the world's legal arena that multipolarism has taken root. South Africa is challenging established practices and advocating for the restoration of international law as described in the United Nation's Charter.
In The Hague this week, the very notion of international law will be scrutinized under a global lens. South Africa, a BRICS member, rather than Arab or Muslim nations, has spearheaded the effort to challenge the issues raised by Zionism. Deathly afraid of a backlash, they have nonetheless taken a stand against the powers that maintain a hold over Palestine and other territories across the world.
South Africa, despite its own history of apartheid, has taken the moral baton and begun the fight by filing a lawsuit against Israeli apartheid at the International Court of Justice (ICJ). The comprehensive documentation of the ICJ, filed on 29 December 2023, lays bare the disturbing events that have unfolded in the occupied Gaza Strip.
South Africa's request of the ICJ — an arm of the UN — is quite simple: Confirm that the state of Israel has breached international laws put in place since 7 October. This includes violations of the 1948 Genocide Convention; genocide is defined as acts committed with the intention to destroy, in whole or in part, a national, ethnical, racial, or religious group.
Offering support to South Africa in their appeal are nations including Jordan, Bolivia, Turkey, Malaysia, along with the Organization of Islamic Cooperation. This body, which associates the countries of Islam, consists of 57 member states, 48 of which are predominantly Muslim. A huge majority of the Global South is represented in this group.
The ICJ's potential condemnation of Isreal's alleged genocide carries implications beyond condemnations alone. In theory, ICJ rulings are binding as both Pretoria and Tel Aviv are members, and the ICJ holds more sway than the UN Security Council. This is where US protection of Israel's reputation consistently overrides hard facts that might stain Israel's public image.
However, the ICJ doesn't possess enforcement power. Despite this limitation, South Africa is still hopeful. The objective is to have the ICJ impose a stop order on Israel immediately, preventing further invasion and genocide.
Detailed examination of the South African application reveals a harrowing tale. This is history happening right before our eyes in the 21st century. The application positions the current situation within a broader context, claiming: “Israel’s actions towards Palestinians during its 75-year-long apartheid, its 56-year-long belligerent occupation of Palestinian territory, and its 16-year-long blockade of Gaza” play a part.
The list of actions by Israel, which is considered as potential violations of international law, are described as “genocidally natured,” as they are intended to destroy Palestinians within Gaza, seen as part of the wider Palestinian national, racial, and ethnic group.
The reality outlined in the application, beginning on page nine, is brutal — from the mass murder of civilians to widespread displacement: "Approximately 85 percent of the population – over 1.9 million Palestinians out of Gaza’s population of 2.3 million people – have been forced to leave their homes. With nowhere to seek refuge, those who can’t leave or who refuse to leave are either killed or face an extreme risk of being killed in their homes."
As the case progresses, the full scope of the atrocities is revealed. Item 142 of the application paints a bleak picture: “The entire population is facing starvation: 93 percent of the population in Gaza is facing crisis levels of hunger, with more than one in four facing catastrophic condition and imminent death."
Against this backdrop, on 25 December – Christmas day, Israeli Prime Minister Benjamin Netanyahu reiterated his aggressive stance, promising: “We are not stopping, we are continuing to fight, and we are deepening the fight in the coming days and this will be a long war…"