South Africa Again Attacks Israel at the International Court of Justice

Latest Developments

South Africa on March 6 submitted an urgent request that the International Court of Justice (ICJ) order Israel to suspend its military operations in Gaza “immediately.” South Africa claims that there is now a “situation of widespread starvation” in the enclave, presenting “new facts and changes in the situation in Gaza.” Lior Haiat, a spokesperson for Israel’s foreign ministry, said in response, “South Africa continues to act as the legal arm of Hamas in an attempt to undermine Israel’s inherent right to defend itself and its citizens, and to release all of the hostages.”

Expert Analysis

“South Africa’s false allegations that Israel is committing genocide are an abuse of the ICJ. It is Hamas, not Israel, that has a genocidal agenda. And it is Hamas, not Israel, that is as a matter of policy violating the law of armed conflict, including by using human shields and refusing to release the hostages immediately and unconditionally.” — Orde Kittrie, FDD Senior Fellow

“South Africa’s ruling African National Congress, regrettably, is no longer the party of Nelson Mandela. Corruption in South Africa’s government has become entrenched, and a large percentage of people in positions of political power are part of the problem, notes the reputable Transparency International. South Africa’s government is mismanaging its own funds, and its people are dissatisfied. Pretoria does not serve its people when it deflects accountability for its own woes. But if South Africa sincerely wants to solve the problem in Gaza, it knows how to do it: leverage its uncomfortably close ties to Hamas and the Islamic Republic of Iran to free Israeli, American, and other hostages and free the Palestinians in Gaza from the clutches of Hamas.” — Toby Dershowitz, Managing Director of FDD Action

South Africa Launched Legal Assault on Israel

South Africa initiated proceedings against Israel at the ICJ on December 29, 2023, claiming that Israel has committed genocide in its response to Hamas’s October 7 massacre. The court held hearings on the case and on January 26 issued provisional measures that rejected Pretoria’s call for an immediate ceasefire, instead ordering the Jewish state to abide by genocide treaty legal obligations with which Israel says it is already complying. The ICJ on February 16 rejected South Africa’s urgent February 12 request to restrict Israel’s possible operations in Rafah.

Israel Facilitates Entry of Food and Goods Into Gaza

More than 150 days after Hamas’s killing spree in southern Israel, the terrorist group continues to hold some 99 people hostage, along with the bodies of 31 dead hostages. Since the war began, Israel has facilitated the entry into Gaza of 292,700 tons of food, water, medical supplies, and other materials. On March 7 alone, humanitarian aid deliveries included 4,660 tons of goods, 3,705 tons of which were food. Israel has declared that it is not setting any limit on the amount of humanitarian aid that can enter Gaza.

Israeli government spokesperson Eylon Levy stated that Israel’s crossings have excess capacity to screen goods entering the coastal strip and that organizations distributing aid within the territory are not meeting the demand. There have been numerous cases of aid convoys being looted and reports that Hamas is siphoning food entering Gaza.

Related Analysis

“ICJ Rejects South Africa’s New Attack Against Israel,” FDD Flash Brief

“The ICJ’s New Chief Judge Has a History of Bias Against Israel,” by Orde Kittrie

“ICJ Rejects Gaza Ceasefire Demand, Urges Hostages Released,” FDD Flash Brief

“U.S. Rejects ‘Meritless’ South Africa ICJ Case Against Israel,” FDD Flash Brief