SA’s case against Israel at ICJ draws wide support, with only a few nations critical

More than 100 countries have expressed “positive” sentiment, if not outright support, for SA’s genocide case against Israel at the International Court of Justice (ICJ), though far fewer — including Israel itself, the US and Germany — have indicated outright criticism of SA.

That’s according to international law and international relations experts who have been tracking official positions, statements and other sources to record global responses to SA’s allegation at the ICJ that Israel is committing genocide.

SA’s application to the ICJ follows an attack by Hamas on positions bordering the Gaza strip on October 7 in which a reported 1,200 Israelis were killed and 240 more were kidnapped. Israel responded with an assault on Gaza, killing more than 21,000 people, according to Palestinian health officials. Israel maintains it is “making every effort to limit harm to the non-involved”.

SA says Israel has violated the Genocide Convention to which both countries are signatories.

SA asked the ICJ to urgently order Israel to halt its military operations in Gaza pending a final determination later this year of whether genocide is taking place.

Many observers expect the ICJ to give judgment on the urgent ceasefire request later this week, though SA’s department of justice said it hasn’t received any word from the court when a decision will be made.

SA and Israel presented argument over two days in January before 17 judges in The Hague. Israel said SA’s claims were “baseless” and asked the court to consider that Israel was acting in “self-defence”. It also noted that civilian casualties are an inevitability of such conflict and it has various operations directing Gazan civilians away from conflict zones.

Countries opposing SA’s case

Despite a lengthy 84-page application, with almost 600 footnotes, US National Security Council spokesperson John Kirby in early January described the application as “meritless, counterproductive, and completely without any basis in fact whatsoever”.

A majority of the House of Representatives, both Democrats and Republicans, sent a letter to US Secretary of State Antony Blinken criticising SA’s case on Wednesday, saying SA “makes grossly unfounded and defamatory charges against Israel”.

Germany’s cabinet issued a statement indicating SA’s use of the Genocide Convention was “political instrumentalisation” and that Germany would “oppose” it.

“In light of Germany’s history ... [Germany] sees itself as particularly committed to the Convention against Genocide ... However, the federal government firmly and expressly rejects the accusation of genocide that has now been levelled against Israel at the International Court of Justice. This accusation has no basis whatsoever.”

Other EU countries, including France, Austria, the Czech Republic and Hungary, also all spoke out against SA’s case. The UK hasn’t indicated its support for SA despite calls to do so from former opposition leaders.

Supporters of SA’s case

Slovenia and Belgium have thrown their weight behind SA. Caroline Gennez, the Belgian minister of development co-operation and urban policy, said the country would support the ICJ’s decision.

“If [the ICJ] calls on Israel to cease its military campaign in Gaza, our country will fully support it,” she said on X, formerly known as Twitter.

In Brussels, the country’s defence minister Ludivine Dedonder said: “The Belgian government is speaking out in favour of an immediate ceasefire in Gaza, the unimpeded delivery of humanitarian aid, and support for the ICJ.”

Brazil, Colombia, Bolivia, Pakistan, and Turkey have also spoken in support of SA’s application, as has the Organisation of Islamic Co-operation, which has 57 member states.

Ireland, which has been a long ally of SA, has said SA’s case is “valid”.

According to a summary and data from Alonso Gurmendi, a lecturer in international relations at King’s College London, more than 100 countries support SA’s case to some extent.

Namibia was supportive of SA and recently criticised Germany’s decision to oppose the ICJ application.

“Germany cannot morally express commitment to the UN Convention against genocide, including atonement for the genocide in Namibia, whilst supporting the equivalent of a holocaust and genocide in Gaza,” president Hage Geingob said, referring to his country’s claim that Germany committed the first genocide against its people in 1904. Germany has consistently denied the accusation, though discussions between the nations continue.

moosat@businesslive.co.za