South Africa, Gaza, Israel and the ICJ

Obscurant for the ANC’s pervasive failures

The South African legal team that took its unwarranted “dispute” with Israel to the International Criminal Court (ICJ) for something the court has no jurisdiction over and, worse yet, an issue for which South Africa has no standing, was greeted like conquering heroes upon landing at OR Tambo Airport in Johannesburg.  Never mind the spectacle of people overjoyed that the ruling ANC has insinuated itself yet again in the domestic affairs of a faraway country (something it constantly bemoans that the US does), its flimsy arguments not only failed to convince cogent, lucid observers, but unwittingly gave Israel a global platform – free from legacy media propaganda – from which to present facts, not tweets, hyperbole, out of context anecdotal information or outright lies which the African National Congress relied upon for its arguments.  Far from convincing folks “on the fence,” the ANC farce most likely pushed more to support Israel in its response to the war Hamas launched with unparalleled barbarism on October 7^th, 2023.

Now that the “heroes” have returned home, what did the ANC accomplish?  Not very much at all is the best answer.  Who exactly is the ANC seeking to curry favor with over Gaza?  Hamas?  They are already kissing cousins.  Russia?  To what end?  Moscow’s trade with South Africa is negligible.  Muslims?  Perhaps.  But which Muslims?  South Africa has a Muslim population (1M), but so does Israel (1.7M), and far more Muslims than one finds in South Africa.  Perhaps it is to appeal to the “global south?”  Again, to what end?

Even if the ANC had a legitimate audience to whom they were appealing, their blatant hypocrisy immediately undermined their entire case.  When the United Nations voted to condemn Russia for its invasion of Ukraine in February 2022, the ANC demurred, choosing to abstain rather than condemn.  The ANC’s legal beagles went to the Hague to argue that Israel is committing genocide by intentionally targeting civilians (which is not genocide).  However, they have yet to call out or accuse either Ukraine or Russia.  Both Russian and Ukrainian forces have intentionally targeted and obliterated civilian targets throughout their war.  Yet, the ANC has remained silent.  The military junta that overthrew the elected government of Myanmar on February 1^st, 2021, has also escaped the ANC’s wrath, or at least its attention. 

Post Apartheid South Africa’s track record is far from unblemished when it comes to international norms or agreements.  Its own actions have often directly supported or lent succor to tyrants or accused war criminals.  The ANC has also acted as a compliant supplicant or surrogate for the Chinese Communists.  Ramaphosa’s cabinet was spared the embarrassment of exposing themselves after indicating they would not arrest Vladimir Putin at the August 2023 BRICS summit in Johannesburg when he opted to not attend.  Never mind that that warrant is not valid as neither Russia or Ukraine have signed or ratified the Rome Statute, South Africa still feared that as a signatory it was obliged to arrest him.  Only, the ANC would never have done so.

We need look no further than Omar al-Bashir whom the South African government refused to arrest, despite an International Criminal Court (ICC) warrant for crimes against humanity.  Sudan is not a party to the Rome Statute (which created the ICC).  South Africa used this pretext to avoid arresting Bashir when he visited South Africa.  “There is no duty under international law and the Rome Statute to arrest a serving head of state of a non-state-party such as Omar al-Bashir,” stated South African legal representative Dire Tladi.  While, in my view, the ANC government was on firm ground regarding the arrest of Bashir, they have taken the opposite position to approach the ICJ.  Unfortunately for the failing ANC, which is seeking to distract from their own pervasive governance failures at home, the ICJ has jurisdiction over disputes between states.  There is no dispute between Israel and South Africa for the ICJ to adjudicate.  The entire episode is a farce. 

It is tragic that the ANC-led government of South Africa was and remains silent on Hamas’ daily crimes against humanity committed over the past two decades when they indiscriminately fired rockets into civilian settlements, schools, clinics, and residences.  Far worse is the nonresponse from the ANC over the barbaric terrorism Hamas committed on October 7^th, 2023.  But to truly ensure they land on the wrong side of history the ANC has the temerity to take Israel to court while holding meetings with and laughing along with Hamas terrorists.

One can certainly take issue with Israel’s response to the Hamas terror attacks and the war Hamas launched in October.  The Principle of Proportionality certainly comes to mind.  However, while not also condemning Hamas or even seeking to use its close relationship with Hamas to, at least, release Israeli hostages, let alone abandon its stated genocide of the “Jewish state,” South Africa’s ANC has exposed its hypocrisy for the world to see. 

The ANC is fond of trying to claim the moral high ground while, simultaneously pilfering billions of dollars, dumbing down education standards, destroying South Africa’s infrastructure, enriching its favored patronage network, implementing racist laws at home, tolerating bigotry and racism within its parliament, ignoring crimes against humanity in Zimbabwe, palling around with accused war criminals, tolerating and facilitating lawlessness at home, meddling in the domestic affairs of Cote d’Ivoire, Burundi, DRC, Comoros, Mozambique, the Central African Republic and elsewhere, and even twice, at the behest of the Chinese Communist (themselves potentially guilty of genocide against the Uigars) denying the Dalai Lama entry to South Africa for Archbishop Desmond Tutu’s birthday and, ironically a summit on racism.

The ANC-led government of South Africa has no moral high ground.  It is not acting on behalf of the angels.  While ignoring horrors in China, Russia, Ukraine, Myanmar and elsewhere, it picks the wrong venue to castigate the state of Israel which is not committing genocide, but rather acting in self-defense, as a sovereign nation is permitted to do.  The ANC is looking for distractions to avert eyes from its destructive domestic failures in every single segment of society, the economy, and the environment.

Chris Wyatt

January 14^th, 2024